The Right to Effective Remedy, enshrined in Article 13 of the European Convention on Human Rights (ECHR), guarantees that individuals whose rights have been violated can seek justice through accessible and effective legal avenues. In practice, this right is rarely considered in isolation, often arising alongside other ECHR provisions.
Using regional approach, our project supports judicial training institutions in building capacity on this critical issue for legal professionals in Kosovo*[1]. In the latest workshop, 52 lawyers from the Mitrovica branch office of the Bar Association deepened their understanding of Article 13 standards. The explored key challenges in securing effective remedies in both civil and criminal proceedings, drawing on jurisprudence from the European Court of Human Rights (ECtHR) and the Constitutional Court of Kosovo*.
Discussions focused on the sources of obligation for implementing ECtHR case law, the right to an effective remedy as developed through ECtHR and Constitutional Court practice, the principle of exhausting legal remedies, and its interaction with submission deadlines. Participants also explored practical tools to identify and apply relevant ECtHR case law, including the ECHR-KS database, HUDOC, ECtHR Case Law Guides, and Thematic Factsheets.
Special attention was given to complex issues around the exhaustion of remedies, such as requests for protection of legality by the State Prosecutor, overlapping or multiple remedies, and the interplay of regular and extraordinary remedies in civil and criminal cases.
The workshop concluded with a hands-on session on researching and referencing ECtHR case law, aimed at equipping lawyers with practical tools to apply relevant European standards.
This was the eighth workshop in the current project cycle, with over 400 lawyers trained across Kosovo*. The final training session for legal professionals in this cycle is scheduled for 25 October 2025 in Pristina.
[1] *All references to Kosovo, whether to the territory, institutions or population shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.
