Legal Remedies for Victims of Unlawful Police Stops: European and Domestic Contexts

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.