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Effective Domestic Remedies and the European Court of Human Rights - Applications of the European Convention on Human Rights Article 13 (Hardcover)
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Effective Domestic Remedies and the European Court of Human Rights - Applications of the European Convention on Human Rights Article 13 (Hardcover)
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In Malone v. UK (Plenary 1984), the right to an effective domestic
remedy in the European Convention on Human Rights Article 13 was
famously described as one of the most obscure clauses in the
Convention. Since then, the European Court of Human Rights has
reinforced the scope and application of the right. Through an
analysis of virtually all of the Court's judgments concerning
Article 13, the book exhaustively accounts for the development and
current scope and content of the right. The book also provides
normative recommendations on how the Court could further develop
the right, most notably how it could be a tool to regulate the
relationship between domestic and international protection of human
rights. In doing so, the book situates itself within larger debates
on the enforcement of the entire Convention such as the principle
of subsidiarity and the procedural turn in the Court's case law.
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