Application to the European Court of Human Rights
The European Court of Human Rights (ECHR) is an international court based in Strasbourg, France, that ensures the protection of individuals’ fundamental rights under the European Convention on Human Rights (ECHR).
An application to the European Court of Human Rights (ECHR) is an important legal avenue for individuals to seek justice against practices that violate the European Convention on Human Rights.
Applying to this court provides a crucial avenue for individuals who have not been able to achieve the desired outcome through domestic legal remedies in their own countries. However, there are strict rules and procedures that must be meticulously followed for a successful application.
Conditions for Applying to the European Court of Human Rights
Before applying to the European Court of Human Rights, the following basic conditions must be met:
Exhaustion of Domestic Legal Remedies
Before submitting an application to the court, all available legal avenues within the relevant country must have been exhausted. An application to the ECHR cannot be made until a final decision has been made by the national courts. However, exceptions may apply if there is no effective remedy available or if these remedies take an excessively long time.
Compliance with the Time Limit
An application must be submitted to the ECHR within 4 months from the date of the final decision made by the national courts. If this time frame is exceeded, the application will be rejected.
Existence of Violations of Rights under the ECHR
The application must be based on a violation of rights guaranteed under the European Convention on Human Rights (ECHR). These rights include fundamental rights such as the right to life, the prohibition of torture, the right to a fair trial, and freedom of expression.
Source: Council of Europe, the architects: Richard Rogers Partnership – Atelier Claude Bucher Architectes
Source: Council of Europe
Application Process
Our office provides comprehensive support to our clients throughout the European Court of Human Rights (ECHR) application process. Our expert team is dedicated to safeguarding your rights and ensuring justice is served.
Preparation of the Application Form
When applying to the ECHR, it is crucial that the form is completed accurately and thoroughly. The events must be described clearly and consistently, with the specific articles of the European Convention on Human Rights that have been violated indicated, and the application should be supported by relevant documents. Incomplete or incorrectly filled-out forms are considered inadmissible, so it is vital that the application meets the admissibility criteria. In fact, approximately 98% of applications to the ECHR are declared inadmissible because they fail to meet these criteria.
Submission of Application Documents
The completed application form and supporting documents must be sent by post to the following address:
European Court of Human Rights, Council of Europe, 67075 Strasbourg Cedex/France
Since there is no electronic application system, it is essential that the documents are delivered on time and in full. The court receives nearly 50,000 applications annually, with approximately 100 new applications being registered each day.
Admissibility Assessment
The court first evaluates applications based on admissibility criteria. The most common reasons for rejection include failure to exhaust domestic remedies, submission of the application after the time limit, and the application not causing significant harm to the individual. This stage is a critical threshold for the application to be examined on its merits.
Merits Examination of the Case
If the application is accepted, the court proceeds to examine the case on its merits. During this process, additional information and documents may be requested from the parties involved. In some cases, the court may offer friendly settlement proposals to the parties or directly make a decision on the substance of the case. The merits examination phase is crucial for evaluating the content of the case and the allegations of human rights violations.
The Importance of Expert Support
The ECHR application process is an area that requires expertise, both in terms of form and legal matters. Completing the application form correctly, providing the relevant legal grounds in full, and adhering to time limits are all critical for the success of the process. Mistakes in these technical details can lead to the rejection of the application. Therefore, applications made with the guidance of an expert lawyer offer a significant advantage in ensuring the process progresses smoothly and increasing the chances of success.
Source: Council of Europe
Contact Us
If you are planning to apply to the European Court of Human Rights to defend your rights, you can get in touch with our expert team. With our professional support, navigate your application process with confidence and move forward on the path to justice.
Before applying, you must exhaust all domestic legal remedies and submit your application within 4 months of the final decision. Your application must be based on a violation of a right protected under the European Convention on Human Rights.
The application form must be filled out completely and accurately; the events should be clearly described, and the violated articles of the European Convention on Human Rights (ECHR) must be explicitly stated. Incomplete or incorrect applications are directly rejected.
Your application will first be assessed for admissibility. If deemed admissible, the case will be examined on its merits, and the court may request additional information and documents from the parties involved. The court will then decide whether a violation has occurred.
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Frequently AskedQuestions
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