Administration of justice / Effective remedy

The ECtHR considered it more appropriate to examine the complaints concerning the failure of France to comply with the interim relief orders of the Administrative Court ordering that the applicants must be taken into emergency accommodation and the absence of an effective emergency procedure for the enforcement of an interim relief order solely under Article 6 ECHR (§§ 91, 92). The ECtHR considered that the decision to grant or refuse emergency accommodation constituted a civil right and thus held that Article 6 § 1 ECtHR was applicable. The case concerned asylum-seekers who were without accommodation at the time of the events, and in whose favour the urgent-applications judge of the administrative court ordered the State to provide them with emergency accommodation.

30 December 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Decision on admissibility - Effective remedy - Exhaustion of domestic remedies - Rule of law / Due process / Procedural fairness | Countries: Congo, Democratic Republic of the - France - Georgia

Les mots « et dans les délais » figurant à la première phrase du paragraphe IV de l’article L. 512-1 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction résultant de la loi n° 2016-274 du 7 mars 2016 relative au droit des étrangers en France, sont contraires à la Constitution.

1 June 2018 | Judicial Body: France: Conseil constitutionnel | Document type: Case Law | Topic(s): Appeal / Right to appeal - Effective remedy | Countries: France

This decision concerns several violations to the right of unaccompanied foreign minors to social, legal and economic protection in France on several grounds (violations of Article 17§1 of the Charter) due to: •shortcomings identified in the national shelter, assessment and allocation system of unaccompanied foreign minors; •delays in appointing an ad hoc guardian for unaccompanied foreign minors; •the detention of unaccompanied foreign minors in waiting areas and in hotels; •the use of bone testing to determine the age of unaccompanied foreign minors considered as inappropriate and unreliable; •a lack of clarity to access an effective remedy for unaccompanied foreign minors;

24 January 2018 | Judicial Body: Council of Europe: European Committee of Social Rights | Document type: Case Law | Legal Instrument: 1961 European Social Charter | Topic(s): Economic, social and cultural rights - Effective remedy - Right to education - Unaccompanied / Separated children | Countries: France

March 2017 | Publisher: REDRESS | Document type: Annual Reports

12 July 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Effective remedy - Illegal entry | Countries: France - Tunisia

16 June 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Persecution of family members - Religious persecution (including forced conversion) | Countries: France - Guinea

March 2016 | Publisher: European Union: European Agency for Fundamental Rights | Document type: Thematic Reports

21 October 2015 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Freedom of assembly and association - Freedom of expression | Countries: France - Uzbekistan

9 September 2013 | Publisher: European Council on Refugees and Exiles | Document type: Annual Reports

13 December 2012 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Effective remedy - Right to family life - Suspensive effect | Countries: Brazil - France