Izvorni znanstveni članak
Right to a judge and to effective legal remedy according to the ECHR and Fundamental Freedoms
Benoît Delaunay
; l’Université Panthéon-Assas (Paris II)
Sažetak
Article 13 of the European Convention for the Protection of Human rights and Fundamental Freedoms has for a long time been considered subsidiary in relation to article 6 subsection 1 and to other articles in that Convention. In general, when infringement of any normative measures of the Convention occurred, it was considered to be superfluous to sanction disregard of the right to an effective legal remedy. In the judgement of Kudla vs. Poland where the court agreed to verifying sanctions for infringement of article 13 for disregarding the appeal which allowed the claimant recognition of his right to trial within a reasonable timeframe, the status of rights changed. The intention is to 15 years later present an argumented analysis of that particular judgement. It will be shown that the European judge recognised the true autonomous right to an effective legal remedy. Article 13 has long been considered as a secondary right. Now it has become an absolute right in a complete sense. This new dimension of this right should be linked to the right for implementation of judgement in court practice in the European Court for the Protection of Human Rights, in particular in the judgement Hornsby vs. Greece on 19 March 1997.
Ključne riječi
ECHR; Art. 13; effective legal remedy
Hrčak ID:
138121
URI
Datum izdavanja:
21.4.2015.
Posjeta: 3.034 *