The Government pleaded non-exhaustion of domestic remedies in that the applicants had not made use of the remedies provided for by the 2004 Act. The applicants did not address that issue.

  24074/19, 44839/19 and 90077/20 ) complain about the lack of an effective domestic remedy in this respect.

In 2017 the Constitutional Court declared the applicant’s amparo appeal inadmissible, considering that she had failed to properly exhaust prior remedies.

France - 27928/02 and 31694/02 Judgment 21.10.2003 [Section II] Article 35 Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Length of administrative proceedings: effectiveness of

The Government are requested to explain what are the available and effective remedies to exhaust within the meaning of Article 35 § 1 of the Convention in respect of a substantive complaint under Article

Croatia - 49706/99 Judgment 28.6.2001 [Section IV] Article 35 Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Effectiveness of complaint under Section   59   § 4 of the

Therefore, an action under Article 105 of the Introductory Law to the Civil Code constituted a domestic remedy which should have been used by the applicants.

This precedent confirmed that there existed an effective remedy before the relevant authority for excessive length.

The Government noted that the applicant could have resorted to the compensatory remedy provided for by Act no. 82/1998. The applicant did not wish to use this remedy.

The Government noted that the applicant could have resorted to the compensatory remedy provided for by Act no. 82/1998. The applicant did not wish to use this remedy.

The Government noted that the applicant could have resorted to the compensatory remedy provided for by Act no. 82/1998. The applicant did not wish to use this remedy.

remedy according to the Court’s case law.

    Has the applicant exhausted all effective domestic remedies, as required by Article   35 §   1 of the Convention?

Article 13 Effective remedy Absence of effective compensatory remedy in length of proceedings cases: violation Facts – Following the European Court’s judgment in Kudła v.

The Government raised an objection to the Court’s jurisdiction, arguing that the applicants had failed to exhaust domestic remedies as they had not availed themselves of the new remedy offered by the Compensation

(b)     The Government’s objection based on exhaustion of domestic remedies Article 35 § 1 of the Convention reads, in so far as relevant, as follows: “1.

Equally, an applicant cannot be regarded as having failed to exhaust domestic remedies if he can show, by providing relevant domestic case-law or any other suitable evidence, that an available remedy which

    Remedies against the excessive length of administrative proceedings 24.

  The applicant maintained that the effectiveness of that remedy was more than doubtful.