565. Before A National Authority. | Rights Freedoms | LexisNexis

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565. Before a national authority.

The national authority in an Article 13¹ case need not always be judicial and, in particular, need not meet the requirements of a 'court' or 'tribunal'². If the national authority is not judicial, however, its powers and procedural guarantees will be relevant in determining whether the remedy it provides is effective

(13) Right To An Effective Remedy

559. The right to an effective remedy under the European Convention on Human Rights.

560. The right to an effective remedy under common law.

561. The right to an effective remedy in international law.

562. Purpose.

563. 'Everyone whose rights and freedoms . . . are violated'.

564. 'Effective remedy'.

565. Before a national authority.

566. Judicial review.

567. Cases involving torture or violations of the right to life.

568. National security considerations.

569. Excessively long legal proceedings.

570. Right to protest.