Our project successfully concluded a series of workshops with the Kosovo*[1] Bar Association, held in line with the project’s implementation plan. The final event gathered 50 lawyers from the Pristina branch of the association for an interactive discussion on Article 13 of the European Convention on Human Rights (ECHR) – the Right to an Effective Remedy.
Participants explored key principles related to the availability and effectiveness of legal remedies in both civil and criminal matters, drawing on the comparative practices and case law of the Constitutional Court of Kosovo* and the European Court of Human Rights (ECtHR).
In the opening session, lawyers revisited core interpretative doctrines applied by the ECtHR, including the dynamic and evolving interpretation of the Convention, the margin of appreciation afforded to states in light of their specific socio-economic and cultural contexts, and the need for consistent interpretation of the ECHR to safeguard human rights, democracy, and the rule of law.
Further discussions delved into the practical application of Article 13, particularly in conjunction with Article 2 (Right to Life), Article 5 (Right to Liberty and Security), and Article 6 (Right to a Fair Trial). Participants examined how Article 13 gives effect to the principle of subsidiarity, placing the primary responsibility for human rights protection on national courts, with the ECtHR exercising supervisory jurisdiction. The conversation also highlighted the link between the right to an effective remedy and the admissibility criteria before the ECtHR under Article 35 of the Convention.
Discussions addressed complex issues such as remedies dependent on another authority (e.g. the State Prosecutor’s request for protection of legality), the interaction between exhaustion of remedies and procedural deadlines, and cases involving multiple simultaneous remedies. Participants also reviewed the latest jurisprudence of the Constitutional Court and the ECtHR concerning both regular and extraordinary legal remedies.
The workshop concluded with a practical session on researching and referencing ECtHR case law, introducing participants to key tools including the ECHR Knowledge Sharing Platform (ECHR-KS), HUDOC, ECtHR Caselaw Guides, Key Themes, and Thematic Factsheets. Each participant received relevant ECtHR and Constitutional Court materials to support ongoing professional development.
This event marked the final training session with the Bar Association under the current project phase. The project team extends its sincere appreciation to the Bar Association for excellent cooperation and to all participating lawyers for their commitment and active engagement throughout the two years of implementation.
[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.
