Стаття 13 - Право на ефективний засіб правового захисту
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Справи, відібрані для оновлення Посібника із судової практики.
Haugen v. Norway, no. 59476/21
Lack of an effective remedy for failure to protect the life of the applicant’s son who suffered from psychiatric disorders and committed suicide in pre-trial detention in an ordinary prison unit.
Judgment | Legal Summary
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.
Judgment
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.
Judgment | Legal 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.
Judgment
Loste v. France, no. 59227/12
Excessive formalism in the application of the four-year limitation period by the domestic courts.
Judgment
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.
Judgment
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.
Judgment
S.W. v. the United Kingdom, no. 87/18
Inability to claim damages for judicial act manifestly contrary to Convention.
Judgment
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.
Judgment
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.
Judgment | Legal Summary
Dikaiou and Others v. Greece, no. 77457/13
Effectiveness of preventive and compensatory remedies concerning conditions of detention.
Judgment
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.
Decision | Legal 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.
Judgment
Sukachov v. Ukraine, no. 14057/17
Effective remedies in conditions-of-detention cases.
Judgment | Legal Summary
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
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.
Judgment