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Right to an effective remedy

In: Referendum Authorization Procedures in Europe

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Abstract

This chapter delves into the analysis of the referendum authorization practice of the selected eight states. The chapter focuses on both authorized and rejected referendums to evaluate the procedural rights in referendum authorization procedures. The main question posed in this chapter is how the practice of the eight selected states ensures the right to an effective remedy. The right to an effective remedy is analysed along three questions: 1) what is the function of the procedural guarantee in referendum authorization procedures with regard to the special nature of these procedures? 2) is the procedural guarantee ensured in the referendum authorization practice of the selected states? 3) how could the procedural guarantee be better incorporated in the referendum authorization procedures of the selected states based on the comparative analysis?

Suggested Citation

  • ., 2023. "Right to an effective remedy," Chapters, in: Referendum Authorization Procedures in Europe, chapter 9, pages 183-205, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:22280_9
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035311217.00016
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