Legal Grounds for an ECHR Application

Not every rights violation merits ECHR review. The Court examines only those cases affecting rights safeguarded under the European Convention on Human Rights, such as the right to a fair trial, protection from torture, freedom of expression, and privacy rights. An applicant must have exhausted all effective domestic remedies, and the application must be filed within four months of the final domestic decision. Failure to meet these criteria leads to inadmissibility, a decision which is final and non-appealable.

Procedural Stages Before the Court

Once lodged, the application is assigned to a single judge, a committee of three judges, or a chamber of seven judges, depending on its nature. This initial stage is crucial as the Court determines whether the application meets all formal and substantive requirements. Upon full or partial admissibility, the procedure is formally opened.

Upon admission, the Court notifies the respondent State, granting it 16 weeks to submit observations. The applicant may subsequently reply to those submissions. Concurrently, the Court may assess the feasibility of a friendly settlement, which, if accepted by both parties, runs alongside the main procedure.

After the exchange of written pleadings, the Court may deliver judgment solely on written submissions or, if deemed necessary, convene an in-person hearing. Most cases are resolved on the basis of written documentation alone.

Possible Outcomes of the Judgment

In its judgment, the Court may find that no violation of the Convention has occurred, or it may determine that the respondent State violated one or more rights and award just satisfaction (monetary compensation). It should be noted that the ECHR does not void domestic judicial decisions, nor does it interfere in domestic proceedings.

Decisions by a committee are final upon issuance. Judgments by a chamber may be appealed to the Grand Chamber within a three-month period; failure to lodge an appeal in time renders the chamber judgment final. Grand Chamber judgments are final and binding.

Once a judgment becomes final, the case file is referred to the Committee of Ministers of the Council of Europe, which oversees the respondent State’s compliance with the judgment.

Expert Legal Support from Fukuro Legal

Submitting an application to the ECHR requires meticulous procedural preparation. Any minor error or omission may result in immediate inadmissibility. At Fukuro Legal, we provide specialised legal counsel in international criminal law and strategic litigation before European courts. We commence with a rigorous viability assessment, proceed with drafting and filing the application, and accompany our clients throughout the procedure, including potential amicable settlement negotiations and hearings.

We understand that our clients’ goal is not simply to “file an application,” but to secure a fair and achievable outcome. Therefore, we only pursue cases with a solid legal foundation.

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