Law 5110 Quiz: Individual complain procedure. Admissibility criteria and Execution of judgments
Document Summary
Admissibility criteria and execution of judgments: salah sheekh v the netherlands (non-efficacy in practice) The government argued that the applicant failed to exhaust domestic remedies (art. Echr) and that a further appeal was possible with admin jurisdiction division of the council of state. The applicant argued that further appeal to the above mentioned would not have any chance of success and therefore did not constitute as a domestic remedy which is was required to exhaust. The same grounds/reasons about further appeal and that appeal not being effective were argued as in the salah case. The court in this case stated that in cases concerning expulsion/extradition (under art. Independent and rigorous scrutiny of a claim that there exist substantial grounds of a real risk of treatment contrary to art. 3: a remedy with automatic suspensive effect. The government argued that applicants who has received compensation for breach of their convention rights could no longer claim to be victims of a violation.
