Representation at the ECHR

The vast majority of applications to the European Court of Human Rights are declared inadmissible. This means it is a decision by the Court rejecting the application without looking at the merits of the case. They do not satisfy the criteria necessary to be declared admissible. Decisions declaring applications inadmissible are final, and there is no possibility of appeal.

Navigating all the complexities of case-laden ECHR alone is hard, much more so in making sure that your application passes admissibility criteria. With a high rate of applications dismissed at the initial stage itself, understanding the nuances of admissibility becomes quite important. We’re here to protect human rights and fundamental freedoms begins—do not miss out on crucial insights that could be the difference-maker in your legal endeavor.

How the ECHR works?

In discharge of this mandate, the Registry is tasked with providing legal and administrative support to the Court in the exercise of its judicial functions. It is primarily composed of lawyers, administrative and technical staff, and translators. There are currently some 640 staff members of the Registry, of whom approximately 270 are lawyers and 370 other support staff. Registry staff members work for the Council of Europe, which is the Court’s parent organization. They must follow the Council of Europe’s Staff Regulations. About half of the staff in the Registry are employed on contracts of unlimited duration and may be expected to pursue a career in the Registry or in other parts of the Council of Europe. The most important purpose of the Registry is to process and prepare for decision applications filed with the Court by applicants. The lawyers in the Registry are divided into 31 case-processing sections, each with its own administrative staff.

Representation at the ECHR

What does the ECHR verify during the admissibility stage?

At the admissibility stage, it shall be ascertained by the European Court of Human Rights whether:

  • The applicant has exhausted all domestic remedies.
  • The application was lodged with the Court within the six-month time limit, as it is usually calculated from the date of the final domestic decision.
  • The applicant has suffered a significant disadvantage.
  • It concerns a right or freedom provided for in the Convention or its protocols.
  • The alleged violation was committed within the territory of the respondent State or in any other territory under its effective control.
  • Victim status is held by the applicant.

Those applications which meet these requirements are declared admissible and communicated to the Government of the respondent State. The extent of violation of the Convention is then decided by the ECHR while considering the observations of both parties. Provided it establishes a violation, under Article 41 of the Convention, the Court can grant compensation to the applicant.

Why do you need a lawyer at the ECtHR?

1. Complexity of the Process: Proceedings within the European Court of Human Rights are not that easy to conduct and require deep knowledge of international law. A specialized lawyer knows the specifics and useful experience in how the court works and how to follow the Convention on Human Rights of Europe.

2. Protection of Your Interests: Your attorney is your representative within the ECtHR, protecting your rights and interests. They design a strategy, collect evidence, and prepare basic documents; at the same time, legal representation is provided at all stages of the court proceedings in accordance with the rule of law.

3. Overcoming Linguistic Difficulties: With English and French as the two primary working languages within the ECtHR, a lawyer ensures that there are clear communications with the court and other parties to ensure quality representation necessary for effective advocacy under the European Convention on Human Rights.

4. Risk Mitigation: A lawyer will help you avoid mistakes that can put your case at risk. Their deep understanding of the procedure of the ECtHR is important in the handling of every legal matter effectively so that a case reaches its most desirable outcome. This, therefore, guarantees that cases relating to the protection of human rights and fundamental freedoms are cared for.

5. Access to Sources: There are very important legal sources and related case-law of the ECtHR that are at the disposal of lawyers specializing in cases before the ECtHR. Those sources include, inter alia, precedent-setting decisions by courts or international conventions that considerably help this work and increase its efficiency. This is a guarantee of human rights and fundamental freedoms enshrined in the Universal Declaration of Human Rights.

The corpus of, therefore, without the guidance of a qualified lawyer, opting for the European Court of Human Rights may lead to severe consequences. Given the uniqueness of the demands of the procedure before the ECtHR, inadequate actions or insufficient experience can lose cases or cause ineffective protection of your rights. Getting professional legal advice and aid on protecting your fundamental rights within the member states of both the Council of Europe and the European Union through the complexities involved in procedures before the ECtHR would become very important.

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.

Representation at the ECHR FAQ

How do I appeal to the ECHR?
Download and complete the application form available on the Court's website. Ensure that every section of the form is filled out and send it to the Court along with copies, not originals, of all relevant documents. The originals will not be returned to you.
What are the roles of the European Court of Human Rights?
The Court's main function is to ensure that parties adhere to their commitments under the Convention and its Protocols. It consists of 46 judges elected by the Parliamentary Assembly of the Council of Europe.
How powerful is the European Court of Human Rights?
Since 1998, it operates as a full-time court, and individuals can directly apply to it. In nearly fifty years, the Court has issued over 10,000 binding judgments, prompting governments to amend laws and administrative practices in various areas.