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Europakonventionen i skadeståndslagen: Förstärkt rättighetsskydd eller onödig kodifiering?
Stockholm University, Faculty of Law, Department of Law.
2019 (Swedish)Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesisAlternative title
The European Convention in the Law of Tort : Enhanced protection for civil rights or redundant codification? (English)
Abstract [en]

The European Court of Human Rights (the Court) has become known as one of the most efficient international courts. Despite its efficiency, the Court struggles with an increasingly high case load. Because of the pressure put on the Court, the member states have been encouraged to improve their national remedies, making sure that violations of human rights can be seen to at a national level in accord- ance with the principle of subsidiarity. In other words, the member states need to improve the implementation of article 13, which states the right to efficient remedies.

A remedy is a multi-faceted expression, including both administrative proceed- ings as well as traditional court proceedings. The word remedy includes both the procedure as such as well as sanctions. In the caselaw of the European Court, compensation awarded by the member states to a victim of a violation of a con- vention based right has been considered an efficient remedy in accordance with article 13.

In April 2018, the Swedish tort law received an additional paragraph stating that tort should be awarded those who been damaged because of a violation of a right based in the European Convention. Compensation in accordance with that law can be awarded by Swedish courts and the Chancellor of Justice. This thesis aims to find whether the compensational procedure of violations of the European Conventions in the Swedish system is an efficient compensatory remedy in accordance with article 13.

Place, publisher, year, edition, pages
2019. , p. 77
Keywords [sv]
Europarätt, skadestånd, Europakonventionen, artikel 13
National Category
Law
Identifiers
URN: urn:nbn:se:su:diva-177646OAI: oai:DiVA.org:su-177646DiVA, id: diva2:1383055
Presentation
2020-01-07, 11:52 (Swedish)
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Available from: 2020-01-13 Created: 2020-01-07 Last updated: 2020-01-13Bibliographically approved

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