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
Outline the essential components required for an ECHR application. This includes properly identifying the applicant, specifying the rights violated, and providing a clear account of the alleged violation, including all relevant facts and legal arguments. Emphasize the importance of thoroughness and accuracy in documentation.
Identifying the Admissibility Criteria
Explain the admissibility criteria that a case must fulfill to be considered by the ECHR. These criteria include exhausting all domestic remedies, complying with the six-month time limit, and demonstrating a violation of rights protected by the Convention.
Exhausting Domestic Remedies
Elaborate on the exhaustion of domestic remedies requirement. Lawyers should guide clients to pursue all available legal avenues at the national level before turning to the ECHR. Provide examples of domestic remedies and their applicability to different types of cases.
Time Limits and Procedure
Outline the strict six-month time limit imposed on applications to the ECHR. Discuss the importance of calculating the deadline accurately and the consequences of missing it. Provide a step-by-step explanation of the ECHR application process, including the submission of the application form and supporting documents.
Legal Representation
Highlight the significance of legal representation before the ECHR. Explain the role of lawyers in preparing the case, advocating for their clients, and effectively presenting the legal arguments. Emphasize the need for specialized expertise in human rights law to ensure the best possible outcome.
Language Requirements
Detail the language requirements for submitting an application to the ECHR. Lawyers should ensure that all documents, pleadings, and correspondence are translated into one of the court’s official languages (English or French). Provide guidance on obtaining reliable translation services.
Case Selection and Prioritization
Provide insights into the ECHR’s case selection process and the factors that influence the prioritization of certain cases. Lawyers should understand the court’s approach to selecting cases to increase the chances of their clients’ applications being considered.
Case Development and Communication with the ECHR
Explain the importance of maintaining open and effective communication with the ECHR throughout the case development process. Highlight the significance of promptly responding to any requests for information or clarification from the court.
Representing Clients in the ECHR
Offer practical tips for lawyers representing clients in ECHR hearings or oral proceedings. Discuss strategies for effective advocacy, including the preparation of written and oral arguments and the ability to rebut opposing arguments. Stress the importance of maintaining the highest standards of professionalism and integrity.
Conclusion
Applying to the ECHR can be a complex and demanding process. Lawyers have a vital role to play in ensuring that the rights of their clients are effectively protected. By understanding the application process, adhering to the admissibility criteria, and providing skilled representation, lawyers can contribute to achieving justice and upholding human rights standards across Europe.
Iryna Berenstein
Associated 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.
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.
