Bringing an action before the European Court of Human Rights (ECHR) is the last resort available in Europe for defending fundamental rights.
To sum up, an application can be made directly to the Court or through a lawyer.
The complaint must be lodged within four months of the last domestic decision. The Court then examines the complaint on its merits on the basis of the European Convention on Human Rights and the case law established by the Court. In the event of a violation, the Court may order fair redress, such as the payment of compensation or the amendment of the legislation in question.
Find out here how to appeal to this international court in 5 essential points
1. Who can refer a case to the ECHR?
Anyone who complains of a violation of the European Convention on Human Rights can bring a case before the ECHR.
Referring a case to the European Court of Human Rights is a right that the European Convention on Human Rights specifies is open to :
- any natural person
- any non-governmental organisation
- any group of individuals.
2. How to bring a case before the European Court of Human Rights: through a lawyer or on your own?
Bringing a case before the ECHR without a lawyer is entirely possible and permitted.
However, choosing a lawyer before the ECHR is recommended by the European Court of Human Rights itself.
A lawyer specialising in appeals to the European Court of Human Rights is even required in most cases, once the application has been communicated to the respondent government.
The official languages of the ECHR are French and English, but applications may be drafted in any of the official languages of the signatory states of the European Convention on Human Rights.
3. Examining the admissibility of an ECHR application
The admissibility of an application before the European Court of Human Rights is a task assigned to a section of the ECHR, whose president appoints a rapporteur to examine the application in question.
After a preliminary examination, the rapporteur decides whether to refer the case to a single judge, a three-member committee or a chamber.
A single judge may declare an application inadmissible or strike it out of the list of cases of the European Court of Human Rights.
A committee rules on repetitive cases and well-established case law of the European Court of Human Rights.
A chamber hears individual applications not declared inadmissible a priori and rules on the merits of applications submitted to the ECHR.
4. Examination of the merits of an ECHR application
An a priori admissible ECHR application is the subject of a letter to the parties, in which the European Court of Human Rights invites the parties to submit additional evidence and written observations.
During this procedure, negotiations for a friendly settlement may be conducted through the Registrar of the European Court of Human Rights.
5. Condemnation by the ECHR
A condemnation by the European Court of Human Rights always emanates from a chamber formation, which decides by a majority.
A condemnation by the Grand Chamber of the European Court of Human Rights is also possible if, within three months of the delivery of the chamber judgment, the case is referred by one of the parties to the Grand Chamber.
Referral to the Grand Chamber of the ECHR presupposes that the case to be retried raises a serious question, relating to the interpretation of the European Convention on Human Rights, the application of the European Convention on Human Rights, or of a general nature.
The Committee of Ministers of the Council of Europe is then responsible for supervising the execution of the ECHR’s judgments and verifying that the convicted states have taken the necessary measures to comply with the sentences handed down by the European Court of Human Rights.