Helsinki Committee of Armenia v Armenia: when the subsidiarity-requirement and the exhaustion of domestic remedies do not go hand in hand

By Helena De Vylder

The ECtHR’s recent Helsinki Committee of Armenia v Armenia judgment deals with the refusal of local authorities to grant permission for the holding of a mourning march. However, the letter refusing the march was only received by the applicant organisation after the proposed date for the event. Since no domestic remedies could give the applicant the opportunity to overturn the decision prior to the proposed date, the ECtHR held that domestic remedies could not effectively remedy the situation and did not need to be exhausted. This blog post explores what form of redress would be considered effective, under the circumstances, and exposes the tension with the subsidiarity principle.

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