Jurisdiction of european court of human right (jurisdikcia ESĽP)

Exhausting of domestic remedies

Exhausting of all domestic remedies is one of conditions laid down by article 35 for admissibility of application.

The aim of Article 35 § 1 is to give states opportunity of preventing the violation of Convention or to remedy violations of Convention.: “ The purpose of Article 35 § 1... is to afford the Contracting States the opportunity of preventing or putting right the violations alleged against them before those allegations are submitted to the Court. ( Selmouni v. France)

According to the jurisdiction of the European Court of human right (“the Court”) there is connetion between Art. 35 and Art. 13. Therefore the applicant must exhaust all domestic remedies which are effective. : “The rule in Article 35 § 1 is based on the assumption, reflected in Article 13 (with which it has close affinity), that there is an effective domestic remedy available in respect of the alleged breach of an individual’s Convention rights. “ (Kudła v. Poland, Pizzaty v. Italy, etc.).
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