Access to effective remedies is paramount to ensuring that all human rights are effectively protected for all individuals. Article 13 of the European Convention on Human Rights (ECHR) guarantees that everyone whose rights and freedoms as set forth in the ECHR are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.

To foster understanding of this right, our project in collaboration with Justice Academy organised workshop on “Effective Legal Remedies under the Article 13 of the European Convention on Human Rights (ECHR): Practice of the European Court of Human Rights (ECtHR)”. The workshop brought together 15 judges and prosecutors of ordinary courts to examine the fundamental principles for interpreting Article 13 of the ECHR within ECtHR caselaw, alongside corresponding articles of the Kosovo* Constitution and the judicial practice of the Constitutional Court. Productive and engaging discussions revolved around key standards set forth in both the Constitution and the ECHR, with a strong emphasis on ensuring both the availability and effectiveness of legal remedies.

Discussions and exchanges specifically highlighted violations of the right to an effective remedy in conjunction with other articles of the Convention, including Article 2, Right to Life, Article 3, Prohibition of Torture, Article 5, Right to Liberty and Security, Article 6, Right to Fair Trial, Article 8, Right to Private and Family Life, and Article 10, Freedom of Expression.

A significant aspect of the event was the reaffirmation of the principle of subsidiarity, a cornerstone of the ECHR system. Participants underscored the vital requirement to exhaust legal remedies within ordinary courts before appealing to the Constitutional Court, and similarly, to exhaust all national legal avenues before lodging an application with the European Court of Human Rights (ECtHR). This principle, reinforced by Article 35 of the ECHR, underscores the crucial role of domestic judicial systems in upholding human rights standards as an integral part of the Convention system.

This workshop marks the second training on effective legal remedies organized for judges and prosecutors within this project's lifecycle. To ensure a consistent level of understanding among all judicial actors, the project is also planning similar training sessions with lawyers from the Bar Association. The workshop for lawyers on effective remedies is already scheduled for May 24, in Ferizaj/Uroševac.

[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.