The effects of the right to an effective remedy under European law

Abstract

In this dissertation, the author pursues to investigate the right to an effective remedy which is often prescribed as one of the basic fundamental human rights. Article 13 of the European Convention on Human Rights together with Article 47 of the Charter of Fundamental Human Rights of the EU, envisage safeguarding the rights of an individual who wants to seek recourse within their national legal system after incurring a human rights violation. The effectiveness of a remedy shall pose itself when a State succeeds in preventing a human rights violation; deters the continuation of such breach or by providing adequate redress to an already existing violation of human rights. The effectiveness of a remedy has to be examined on a case by case basis. Inherently an efficient remedy has to be sufficient and accessible and should satisfy the obligation of promptness. Notably for an effective remedy to be strictly effective it must comprise of a remedy that is effective both in practice as well as in law. Whereby then the competent authority would be in the position to review the arguable claim raised by the party whose rights have been violated and be in the position to acknowledge the violation as well as give equitable relief for the violation sustained.