The European Court of Human Rights (ECHR) plays a crucial role in defending fundamental human rights across Europe. As lawyers, understanding the process of applying to the ECHR and effectively representing clients before this international judicial body is of utmost importance. In this article, we will provide a step-by-step guide on how to apply to the ECHR, highlighting key considerations and best practices for lawyers to ensure a successful application.
Understanding the ECHR
Begin by providing a brief overview of the ECHR, its jurisdiction, and the types of cases it hears. Explain the significance of the European Convention on Human Rights and the importance of the court’s role in upholding human rights standards.
Court Proceedings
The Court follows a formal procedure in dealing with all applications. First, it decides whether an applicant has properly brought an application before it. Subsequently, the admissibility of all properly lodged applications is checked, meaning they must comply with the general requirements provided by Article 35 of the Convention. The admissible cases are then taken up for consideration by a panel of judges, usually three, seven, or seventeen in number.
The first step that the Court takes is to try to bring about a settlement between the parties. On failure, which is usually the case, the matter is taken up for consideration in writing, which is more common, or through a hearing in certain designated cases.
After deliberation, the Court passes a judgment. If there is a finding of a breach of Convention rights, the Court may order that the State pay compensation and costs to the applicant. It should, however, be observed that the Court cannot override national laws or court rulings. In cases of no violation found against him, the applicant is not obliged to cover the state’s costs.
These are final judgments against which states are obliged to comply under international law, although they have some discretion as to how the decisions are implemented. The Committee of Ministers of the Council of Europe may take measures to ensure enforcement if required.
Preparing the Application to the European Court of Human Rights (ECHR): A Complete Guide
Preparing an application to the European Court of Human Rights (ECHR) requires clarity and precision. Applicants must carefully collect evidence and ensure proper documentation.
Key Components of the Application:
Applicant Identification: The application must accurately identify the applicant(s) by name, nationality, and address. If the application is made on behalf of a group, all members must be clearly listed.
Violation of Rights: Clearly state which rights protected by the European Convention on Human Rights (ECHR) have been violated. This could include rights such as the right to life, freedom from torture, the right to a fair trial, and others (Convention for the Protection of Human Rights and Fundamental Freedoms).
Description of the Violation: The application should provide a clear description of the events leading to the violation. Include all relevant dates, places, and events, and provide copies of any documents that can support the claim of the violation.
Legal Arguments: The application must explain why the actions of the respondent (whether a state authority, private individual, or organization) constitute a violation of the Convention. This section should be based on the specific articles of the ECHR and any relevant legal reasoning.
Example: If you are filing a complaint about a violation of the right to a fair trial, you must explain the error in the trial process (e.g., lack of legal representation, violation of privacy, etc.) and cite the relevant articles of the Convention.
Admissibility Criteria
For the European Court to accept the application, it must meet several admissibility criteria outlined in the Court’s rules (Rules of Court (Rule 47).
Main Admissibility Criteria:
Exhaustion of Domestic Remedies: Before submitting an application to the ECHR, the applicant must exhaust all domestic legal remedies available. This includes:
Appeals in national courts.
Filing a complaint with the Constitutional Court.
Using administrative remedies such as complaints to an ombudsman or human rights commission.
Six-Month Time Limit: The application must be submitted within six months of the last national court ruling. The time limit begins from the date the applicant became aware of the last decision or when it became final (Rule 47 §1).
Violation of Rights Protected by the Convention: The case must concern rights protected by the European Convention on Human Rights or its protocols. These may include rights such as the right to life, liberty, protection from torture, and freedom of expression.
Recommendations for Lawyers:
Always confirm that the client has pursued all possible national remedies before applying to the ECHR.
Carefully track the time limit for submitting the complaint, ensuring that it is submitted on time.
Exhausting Domestic Remedies
The requirement to exhaust domestic remedies means that the applicant must pursue all possible legal avenues within their country before bringing the case to the ECHR. This ensures that the domestic legal system has had the opportunity to address the issue before the matter is escalated internationally.
Examples of Domestic Remedies:
Appealing the decision in higher courts, such as appellate or cassation courts.
Filing a claim with the Constitutional Court if the issue pertains to constitutional matters.
If no response or resolution is provided at any stage, the applicant may then turn to the ECHR. However, it is essential to demonstrate that all domestic legal avenues were fully exhausted.
Time Limits for Submission: Six-Month Limit
The application to the European Court must be filed within six months from the date of the last ruling from national courts. This is a strict deadline that cannot be extended. The applicant must be very careful to ensure that the application is submitted on time.
Recommendations:
To calculate the deadline, you must consider the moment when the decision became final (e.g., when the decision is no longer subject to appeal).
Missing this deadline will result in the application being rejected, regardless of the merits of the case.
Legal Representation in the ECHR
Preparing the application and representing a client in the European Court requires a high level of legal expertise. This is a specialized area of law, and lawyers with experience in ECHR cases have a better chance of success.
Lawyer’s Role:
Prepare all necessary documents and evidence.
Present legal arguments clearly and convincingly.
Represent the client throughout all stages of the case.
Specialized lawyers must not only understand national laws but also the principles of international law, which allows them to interpret the provisions of the Convention accurately and apply them to their client’s case.
Language Requirements for the Application
All documents related to the application must be translated into one of the Court’s official languages: English or French. Submissions in other languages will not be accepted.
Recommendations:
For legal translations, it is best to use professional translators experienced in legal terminology.
Ensure that all terms are accurately translated to avoid any misunderstandings that could harm the application.
Case Selection and Prioritization
The ECHR does not hear all applications; it selects those cases that involve important human rights issues or have significant public interest. The Court may reject a complaint based on its low priority for human rights protection. The Court prioritizes cases involving systemic violations or significant public interest (HUDOC database).
Priority Cases:
Cases related to systemic human rights violations.
Cases where the judgment could impact a large group of people or an entire category of citizens.
Case Development and Communication with the ECHR
It is important to maintain open and timely communication with the ECHR throughout the case development process. Any requests for additional information or clarification from the Court should be responded to promptly.
What to do if the Court requests additional documents:
Respond to the Court’s requests within the required timeframe.
Ensure that all documents provided meet the Court’s requirements.
Representing Clients in ECHR Hearings
The process of filing an application to the European Court of Human Rights includes not only preparing the documents but also representing clients during hearings. A lawyer’s role is to present arguments clearly and effectively.
Key Stages of the ECHR Application Process
Stage
Description
Example
1. Identifying the Applicant
Accurately providing the applicant’s details and rights.
Forms for submission on the ECHR website.
2. Admissibility Criteria
Meeting three criteria for the application.
Example: Exhaustion of all national remedies.
3. Time Limits
Six-month deadline from the last court decision.
Missing the deadline leads to rejection.
4. Role of the Lawyer
Preparing documents and representing clients.
Importance of specialized legal services.
The process of applying to the European Court of Human Rights is complex and multifaceted, requiring a detailed understanding of both domestic and international law. However, with professional legal assistance, applicants can significantly increase their chances of a successful outcome.
Contact Professional Lawyers
If you have questions about preparing an application to the European Court of Human Rights or need assistance at any stage of the process, our experienced lawyers are ready to assist you. Schedule a consultation today to ensure that your rights are protected effectively.
Iryna Berenstein
Associate Partner
Mrs. Berenstein is a distinguished and outstanding lawyer with profound experience and exceptional legal knowledge in the field of International Private Law, Financial Law, Corporate Law, investment regulation, Compliance, Data Protection, and Reputation Management.
Are you looking for answers to specific questions or examples of successful complaints? Our blog has compiled an up-to-date knowledge base of articles on the work of ECHR lawyers and the procedural subtleties of the Strasbourg Court.
How do I contact the European Court of Human Rights?
European Court of Human Rights, Council of Europe, F-67075 Strasbourg, France.
Tel: +33 (0)3 88 41 20 18.
Website: http://www.echr.coe.int/.
Regional Focus: Worldwide.
Can I visit ECHR?
Participants must be at least 18 years old. The Court offers informational visits on working days only and is closed on weekends and public holidays. No guided tours of the building are available.
Does the ECHR still apply?
The relevance of European Court of Human Rights (ECHR) decisions to UK law will be determined by the British Bill of Rights, but it's unclear how this will apply to Northern Ireland and Scotland.
Who can use the ECHR?
Whether you are a private individual or a legal entity like a company or association, you must have personally experienced the violation you claim.
