Legal remedies for victims of unlawful police stops: European and domestic contexts

Wojciech Jasinski, Janos Fazekas, Giulia Lasagni, Genevieve Lennon

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The aim of the chapter is to analyse from international and national perspectives legal remedies accessible to the individual, whose rights were violated during police stops. In the first place the study is focused on the European Convention on Human Rights and the EU law, which shape common minimum standards regarding remedies for unlawful stops. Subsequently such remedies in four European jurisdictions—Hungary, Italy, Poland and England and Wales—are discussed. The international standard regarding remedies for unlawful police stops is very limited. Therefore, the domestic lawmakers retain a wide margin of discretion in shaping such remedies. The comparative analysis reveals that the differences in their characteristics are significant. The judicial oversight is dominant, but not provided to the same extent in all analysed jurisdictions.
Original languageEnglish
Title of host publicationThe Governance of Police Stops in Europe
EditorsElizabeth Aston, Sofie De Kimpe, János Fazekas, Genevieve Lennon, Mike Rowe
Place of PublicationCham, Switzerland
PublisherPalgrave Macmillan Ltd.
Chapter6
Pages159-196
Number of pages37
ISBN (Electronic)9783031413629
ISBN (Print)9783031413629
DOIs
Publication statusPublished - 18 Nov 2023

Keywords

  • police stops
  • human rights
  • judicial oversight
  • European Convention on Human Rights

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  • Police stops: a comparative perspective on governance

    Aston, E., Rowe, M., Fazekas, J., Lennon, G. & de Kimpe, S., 18 Nov 2023, The Governance of Police Stops in Europe. Aston, E., De Kimpe, S., Fazekas, J., Lennon, G. & Rowe, M. (eds.). Cham, Switzerland: Palgrave Macmillan Ltd., p. 1-17 17 p. (Palgrave's Critical Policing Studies).

    Research output: Chapter in Book/Report/Conference proceedingChapter

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