Article 13 - Right to an effective remedy

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Cases selected for updating the Case-Law Guide.

Rizzo and Others v. Malta, no. 36318/21


Effectiveness of the Constitutional Court as a remedy following developments in domestic case-law relating to old rent laws.

Semenya v. Switzerland, no. 10934/21 (pending before the GC)


Discrimination against a professional athlete who was required under non-State regulations to lower her natural testosterone level to compete in the women’s category in international competitions.
Judgment | Legal Summary

Panju v. Belgium (no. 2), no. 49072/21


Refusal of compensation for excessive length of criminal proceedings on the grounds that the non-pecuniary damage had been redressed by the subsequent declaration that the prosecution was inadmissible.
JudgmentLegal Summary

S.H. v. Malta, no. 37241/21


Refusal of applicant’s asylum requests without an assessment of his claim as to the risk faced on his return to Bangladesh given his reporting as a journalist of electoral irregularities.

Loste v. France, no. 59227/12


Excessive formalism in the application of the four-year limitation period by the domestic courts.

P.C. v. Ireland, no. 26922/19


No full consideration of the Convention arguments raised by the applicant before the court.
Judgment | Legal Summary

Volodya Avetisyan v. Armenia, no. 39087/15


Ineffective domestic judicial remedies for complaints as to inadequate conditions of detention.
Judgment | Legal Summary

Verrascina and Others v. Italy, nos. 15566/13 and 5 others


Length of domestic proceedings and ineffectiveness of the compensatory remedy.

A.A. and Others v. North Macedonia, nos. 55798/16 and 4 others


Legal possibility to challenge deportation not available to applicants through their own unlawful conduct.
Judgment | Legal Summary

Toplak and Mrak v. Slovenia, nos. 34591/19 and 42545/19


Effective remedies for voters with disabilities.
Judgment | Legal Summary

Bara and Kola v. Albania, nos. 43391/18 and 17766/19


New length-of-proceedings remedy.
Judgment | Legal Summary

E.H. v. France, no. 39126/18


Effective remedies, with suspensive effect, to challenge the return of an asylum seeker.
Judgment | Legal Summary

D v. Bulgaria, no. 29447/17


Hasty return to Turkey of a journalist 24 hours after his arrest at the border.
Judgment | Legal Summary

Polgar v. Romania, no. 39412/19


New remedy after pilot judgment for inadequate conditions of detention and transport.
Judgment | Legal Summary

Titan Total Group S.R.L. v. the Republic of Moldova, no. 61458/08


Compensation remedy considered effective because of its non-excessive duration.

S.W. v. the United Kingdom, no. 87/18


Inability to claim damages for judicial act manifestly contrary to Convention.

Galan v. Italy (dec.), no. 63772/16


Decision adopted by Parliament in an electoral context and the scope of Article 13.
Decision | Legal Summary

Cauchi v. Malta, no. 14013/19


Aggregate remedies ineffective in a case concerning low amount of rent.

Mik and Jovanović v. Serbia (dec.), nos. 9291/14 and 63798/14


New legal framework establishing mechanism for redress for all parents of missing newborn children.
Decision | Legal Summary

Barbotin v. France, no. 25338/16


Compensatory remedy in respect of inhuman conditions of detention. Low award and detainee to pay the expert’s fees meaning that he owed money to the State.
Judgment | Legal Summary

Roth v. Germany, nos. 6780/18 and 30776/18


​Refusal to grant compensation for non-pecuniary damage resulting from unlawful random strip searches of prisoner.
Judgment | Legal Summary

M.K. and Others v. Poland, nos. 40503/17 and 2 others


Absence of a remedy with automatic suspensive effect for asylum-seekers.
JudgmentLegal Summary

Dikaiou and Others v. Greece, no. 77457/13


Effectiveness of preventive and compensatory remedies concerning conditions of detention.

Mugemangango v. Belgium [GC], no. 310/15


Failure to provide effective remedy by which to challenge election results and seek recount.
Judgment | Legal Summary

Moustahi v. France, no. 9347/14


Remedies against expulsion rendered ineffective by rapidity of enforcement. No need for suspensive remedy in respect of mere practical arrangements for expulsion, a compensatory remedy being sufficient.
Judgment | Legal Summary

Vladimir Kharitonov v. Russia, no. 10795/14


Failure of courts to consider the substance of grievance or to examine lawfulness or proportionality of website blocking orders.
Judgment | Legal Summary

Association Innocence en Danger and Association Enfance et Partage v. France, nos. 15343/15 and 16806/15


Requirement to establish serious negligence to engage the State’s responsibility for shortcomings in the justice system.
Judgment | Legal Summary

Beshiri and Others v. Albania (dec.), nos. 29026/06 and 11 others


Failure to exhaust new remedy dealing with prolonged non-enforcement of final decisions awarding compensation for property expropriated during the communist regime.
DecisionLegal Summary

Shmelev and Others v. Russia (dec.), nos. 41743/17 and 16 others


Newly introduced compensatory remedy for inadequate conditions of detention following a pilot judgment.
Decision | Legal Summary

N.D. and N.T. v. Spain [GC], nos. 8675/15 and 8697/15


Consequence of the applicants’ own illegal conduct on the right to an effective remedy.
Judgment | Legal Summary

Marshall and Others v. Malta, no. 79177/16


Effectiveness of constitutional redress proceedings.
Judgment | Legal Summary

Bastys v. Lithuania, no. 80749/17


Conditions of availability of the effective domestic remedy.

J.M.B. and Others v. France, nos. 9671/15 and 31 others


Effective preventive remedy for inadequate conditions of detention linked to prison overcrowding.
Judgment | Legal Summary

Sukachov v. Ukraine, no. 14057/17


Effective remedies in conditions-of-detention cases.
Judgment | Legal Summary

Beizaras and Levickas v. Lithuania, no. 41288/15


Discriminatory attitudes, impacting on the effective application of existing domestic remedies, giving rise to an issue separate to Article 14.
Judgment | Legal Summary

X and Others v. Russia, nos. 66158/14 and 78042/16


No effective remedy under domestic law to put forward a complaint for malfunctioning of the justice system.

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