Whether the absence of any formal right of appeal under the Sheep Annual Premium Scheme 1999 may constitute a breach of the European Conven…

The current options available to a farmer to challenge a decision by the Scottish Executive under the Sheep Annual Premium Scheme 1999, or any other agricultural subsidy scheme, include asking for Judicial Review in the Court of Session. Whether Judicial Review provides adequate and full review to comply with the European Convention on Human Rights depends on the applicant's complaints and the context. The European Court of Human Rights has accepted that the availability of Judicial Review may well be adequate. In any case the Scottish Executive has undertaken to create a new right of challenge for administrative decisions (currently out for consultation), which would complement any rights to Judicial Review and would be sufficient for the purposes of the European Convention on Human Rights.