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The Echr IN 50 Questions: European Court of Human Rights
The Echr IN 50 Questions: European Court of Human Rights
The Echr IN 50 Questions: European Court of Human Rights
European
Court
of Human
Rights
THE ECHR
IN 50
QUESTIONS
4 European Court of Human Rights: The ECHR in 50 questions European Court of Human Rights: The ECHR in 50 questions 5
FAQ FAQ
to bring a case even if he or she lives in What are the different stages of 26 What are the conditions
Proceedings before a remote region of a member State or is 25 the proceedings before of admissibility?
the Court penniless. With this in mind, there are no the Court?
fees for proceedings before the Court.
Applications must meet certain requirements
There are two main stages in the if they are to be declared admissible by the
Who can bring a case What is the difference between
19 consideration of cases brought before the Court; otherwise the complaints will not
to the Court? 22 an individual application and Court: the admissibility stage and the merits even be examined.
an inter-State application? stage (i.e. the examination of the complaints).
The processing of an application also goes Cases can only be brought to the Court after
The Convention makes a distinction domestic remedies have been exhausted;
between two types of application: individual Most applications before the Court are through different phases.
in other words, individuals complaining of
applications lodged by any person, group individual applications lodged by private A single-judge formation will declare an violations of their rights must first have
of individuals, company or NGO having a persons. A State may also lodge an application inadmissible where inadmissibility taken their case through the courts of
complaint about a violation of their rights, application against another State Party to is clear from the outset; its decisions cannot the country concerned, up to the highest
and inter-State applications brought by one the Convention; this is called an inter-State be appealed against. possible level of jurisdiction. In this way the
State against another. application. State itself is first given an opportunity to
A Committee will give a final decision or provide redress for the alleged violation at
Since the Court was established, almost all judgment in a case which is covered by well-
applications have been lodged by individuals Is it necessary to be national level.
established case-law of the Court.
who have brought their cases directly to the 23 represented by a lawyer in An applicant’s allegations must concern
Court alleging one or more violations of the proceedings before the Court? A Chamber will give notice of the case one or more of the rights defined in the
Convention. to the respondent Government for their Convention. The Court cannot examine
observations. Written observations are complaints concerning violations of any
Legal representation is not indispensable submitted by both parties. The Court
20 Who are cases brought against? at the start of proceedings; anyone can then decides if it is appropriate to hold a
other rights.
bring a case before the Court directly. The public hearing in the case, but this remains Applications must also be lodged with the
assistance of a lawyer becomes necessary, exceptional in relation to the number Court within six months following the
Cases can only be brought against one
however, once the Court has given notice of of applications examined. Ultimately, the last judicial decision in the case, which will
or more States that have ratified the
the case to the respondent Government for Chamber delivers a judgment that will usually be a judgment by the highest court
Convention. Any applications against third
their observations. Legal aid may be granted become final only after the expiry of a three- in the country concerned.
States or individuals, for example, will be
to applicants, if necessary, from that stage in month period during which the applicant
declared inadmissible.
the proceedings. or Government may request the referral of The applicant must be, personally and directly,
the case to the Grand Chamber for fresh a victim of a violation of the Convention, and
21 How are cases brought before the consideration. must have suffered a significant disadvantage.
Court? 24 Who is entitled to make legal
submissions to the Court? If the request for referral is accepted by the It should not be forgotten, of course, that
panel of the Grand Chamber, the case will applications can only be lodged against
Cases can be brought directly by individuals one or more of the States Parties to the
There is no list of authorised lawyers for the be reconsidered and a public hearing will
and the assistance of a lawyer is not Convention, and not against any other State
written or oral submissions to the Court. be held if necessary. The Grand Chamber
necessary at the start of the proceedings. or against an individual.
An applicant may be represented by anyone judgment will be final.
It is sufficient to send the Court a duly
who is a lawyer qualified to practise in one
completed application form with the
of the States Parties to the Convention, or
requisite documents. However, the
who has been so authorised by the President
registration of an application by the Court
of the Chamber.
is no guarantee that it will be admissible or
successful on the merits.
The Convention system provides for “easy”
access to the Court, enabling any individual
6 European Court of Human Rights: The ECHR in 50 questions European Court of Human Rights: The ECHR in 50 questions 7
FAQ FAQ
8 European Court of Human Rights: The ECHR in 50 questions European Court of Human Rights: The ECHR in 50 questions 9
FAQ FAQ
Can judgments be appealed 42 What is just satisfaction? under Article 34 (right of individual
39 against? The Court’s application).
activity
When the Court finds against a State and
Inadmissibility decisions, and also judgments observes that the applicant has sustained 48 Does the Court deal with any
delivered by Committees or the Grand damage, it awarded the applicant just issues of society?
Chamber, are final and cannot be appealed satisfaction, that is to say a sum of money 45 How many cases are brought
against. However, the parties have three before the Court?
by way of compensation for that damage. The Court has, of course, been called upon
months following the delivery of a The Committee of Ministers ensures that to address issues that were not foreseeable
Chamber judgment to request referral of any sum awarded by the Court is actually The Court has been a victim of its own when the Convention was signed in 1950.
the case to the Grand Chamber for fresh paid to the applicant. success: over 50,000 new applications Over the past 50 years the Court has ruled
consideration. Requests for referral to the are lodged every year. The repercussions on many issues of society such as: abortion-
Grand Chamber are examined by a panel of certain judgments of the Court, on a
43 What is a pilot case? related questions, assisted suicide, strip-
of judges which decides whether or not regular basis, and the growing recognition searching, domestic slavery, the right not
referral is appropriate. of its work among nationals of the States to be prevented from tracing one’s origins
Over the past few years the Court has Parties, have had a considerable impact on by the possibility for mothers to give birth
developed a new procedure to cater the number of cases brought every year.
40 How are the Court’s judgments for the massive influx of applications
anonymously, adoption by homosexuals,
enforced? the wearing of the Islamic headscarf in
concerning similar issues, also known as schools and universities, the protection of
“systemic issues” – i.e. those that arise from 46 What rights do most cases journalists’ sources, discrimination against
When the Court delivers a judgment finding concern?
non-conformity of domestic law with the Roma and environmental concerns.
a violation, the Court transmits the file to Convention.
the Committee of Ministers of the Council In about one half of the judgments finding a
of Europe, which confers with the country The Court has thus recently been violation since its establishment, the Court
concerned and the department responsible implementing a procedure that consists of has found a violation of Article 6 of the The Court’s
for the execution of judgments to decide examining one or more applications of this
how the judgment should be executed and kind, whilst its examination of a series of
Convention, concerning both the fairness future
and the length of proceedings. In fact, 55% of
how to prevent similar violations of the similar cases is adjourned (in other words, the violations found by the Court concern
Convention in the future. This will result in postponed). When it delivers its judgment either Article 6 (right to a fair hearing) or 49 What is Protocol No. 14?
general measures, especially amendments to in a pilot case, it calls on the Government Article 1 of Protocol No. 1 (protection of
legislation, and individual measures where concerned to bring the domestic legislation property). Then in about 13% of cases, the
necessary. into line with the Convention and indicates Protocol No. 14, whose aim is to guarantee
Court has found a serious violation of the the long-term efficiency of the Court by
the general measures to be taken. It will Convention under Articles 2 and 3 of the
then proceed to dispose of the other similar optimising the filtering and processing of
Convention (right to life and prohibition
41 What are the consequences of a cases. of torture and inhuman or degrading
applications, provides in particular for new
judgment finding a violation? judicial formations to deal with the simplest
treatment). cases, for a new admissibility criterion (that
44 What is a separate opinion? of “significant disadvantage”) and for judges’
In the event of a violation being found, the
terms of office to be extended to nine years
State concerned must be careful to ensure 47 Are interim measures really without the possibility of re-election. This
that no such violations occur again in the Judges may wish to draft an opinion effective?
future, otherwise the Court may deliver new concerning a case in which they have sat Protocol entered into force on 1 June 2010.
judgments against them. In some cases the and their opinions will be appended to Whilst States almost always follow the
State will have to amend its legislation to the judgment. In general they explain why Court’s indications concerning interim
bring it into line with the Convention. they voted with the majority (concurring measures, it is not unknown for some of
opinion) or, on the contrary, why they them to fail to act on the Court’s request.
did not agree with the majority of judges Those States are likely to be found by the
(dissenting opinion). Court to have failed to fulfil their obligations
10 European Court of Human Rights: The ECHR in 50 questions European Court of Human Rights: The ECHR in 50 questions 11
FAQ
50 What are the plans for reform?
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