Art 13 - Right to an effective remedy

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  • Created by: Jamila
  • Created on: 07-04-13 21:57
Article 13 provides right to
Effective remedy
1 of 10
What consitutes a remedy
must be adequate and effective MoA
2 of 10
effectivness -
does not always mean it must be successful
3 of 10
Smith and Grady v UK
irrationality review not sufficient better solutions
4 of 10
Klass v Germany
remedy should be flexible MoA in order to be effective
5 of 10
Art 3 cases, less flexibility
Chahal v UK - In this case the wednesbury test was not sufficent to guarnatee compliance to Art 3
6 of 10
Effective investigation (no discretion by the state)
Aksoy v Turkey
7 of 10
Leander v Sweden
Carpeter who wanted to work in Museum. This case etablished effect rem given by 3 diff oragans
8 of 10
Kudla v Poland
When article 6 is found violated, art 13 rarely needs to be proven. Both spearates
9 of 10
Burdov v Russia
radiation app, compensation. Pilot case.
10 of 10

Other cards in this set

Card 2

Front

What consitutes a remedy

Back

must be adequate and effective MoA

Card 3

Front

effectivness -

Back

Preview of the front of card 3

Card 4

Front

Smith and Grady v UK

Back

Preview of the front of card 4

Card 5

Front

Klass v Germany

Back

Preview of the front of card 5
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