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Posts published in “International Courts and Tribunals”

Prohibitions to appeal and Art. 6(1) ECHR

I. Introduction

On April 7, 2009 the third section[1] of the European Court of Human Rights (hereinafter: ECtHR) issued a judgment in the Case of Mendel v. Sweden,[2] which is of significance not because it adds another precedent to the long standing case law delimitating the scope of Art. 6 European Convention on Human Rights (hereinafter: ECHR) but because it underlines, once again, the inherent obstacle in the Swedish legal system to providing individuals access to courts for a review of administrative decisions by State authorities.

This following text will begin with a short description of the factual and legal background; the focus during the latter will be on the domestic legal framework as the interpretation of applicable norms under the ECHR, i.e. Arts 6 and 13, was less surprising. This will be followed by a description of the ECtHR’s judgment and reasoning and by a broader appreciation of the judgment’s significance to the legal order in Sweden.