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

Wojciech Jasinski; Janos Fazekas; Giulia Lasagni; Genevieve Lennon

doi:10.1007/978-3-031-41363-6_6

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

Wojciech Jasinski, Janos Fazekas, Giulia Lasagni, Genevieve Lennon

Law

Research output: Chapter in Book/Report/Conference proceeding › Chapter

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 language	English
Title of host publication	The Governance of Police Stops in Europe
Editors	Elizabeth Aston, Sofie De Kimpe, János Fazekas, Genevieve Lennon, Mike Rowe
Place of Publication	Cham, Switzerland
Publisher	Palgrave Macmillan Ltd.
Chapter	6
Pages	159-196
Number of pages	37
ISBN (Electronic)	9783031413629
ISBN (Print)	9783031413629
DOIs	https://doi.org/10.1007/978-3-031-41363-6_6
Publication status	Published - 18 Nov 2023

Keywords

police stops
human rights
judicial oversight
European Convention on Human Rights

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

Access to Document

10.1007/978-3-031-41363-6_6

1 Chapter

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 proceeding › Chapter

Open Access
File
1 Downloads (Pure)

Cite this

@inbook{5b572848adb44915b35f4793629261be,

title = "Legal remedies for victims of unlawful police stops: European and domestic contexts",

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.",

keywords = "police stops, human rights, judicial oversight, European Convention on Human Rights",

author = "Wojciech Jasinski and Janos Fazekas and Giulia Lasagni and Genevieve Lennon",

year = "2023",

month = nov,

day = "18",

doi = "10.1007/978-3-031-41363-6_6",

language = "English",

isbn = "9783031413629",

pages = "159--196",

editor = "Elizabeth Aston and {De Kimpe}, Sofie and J{\'a}nos Fazekas and Genevieve Lennon and Mike Rowe",

booktitle = "The Governance of Police Stops in Europe",

publisher = "Palgrave Macmillan Ltd.",

address = "United Kingdom",

}

Legal remedies for victims of unlawful police stops: European and domestic contexts. / Jasinski, Wojciech; Fazekas, Janos; Lasagni, Giulia et al.
The Governance of Police Stops in Europe. ed. / Elizabeth Aston; Sofie De Kimpe; János Fazekas; Genevieve Lennon; Mike Rowe. Cham, Switzerland: Palgrave Macmillan Ltd., 2023. p. 159-196.

Research output: Chapter in Book/Report/Conference proceeding › Chapter

TY - CHAP

T1 - Legal remedies for victims of unlawful police stops

T2 - European and domestic contexts

AU - Jasinski, Wojciech

AU - Fazekas, Janos

AU - Lasagni, Giulia

AU - Lennon, Genevieve

PY - 2023/11/18

Y1 - 2023/11/18

N2 - 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.

AB - 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.

KW - police stops

KW - human rights

KW - judicial oversight

KW - European Convention on Human Rights

U2 - 10.1007/978-3-031-41363-6_6

DO - 10.1007/978-3-031-41363-6_6

M3 - Chapter

SN - 9783031413629

SP - 159

EP - 196

BT - The Governance of Police Stops in Europe

A2 - Aston, Elizabeth

A2 - De Kimpe, Sofie

A2 - Fazekas, János

A2 - Lennon, Genevieve

A2 - Rowe, Mike

PB - Palgrave Macmillan Ltd.

CY - Cham, Switzerland

ER -

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

Abstract

Keywords

UN SDGs

Access to Document

Fingerprint

Research output

Police stops: a comparative perspective on governance

Cite this