In life, there are situations where a person faces violations of their rights, both by third parties and by the state or its individual bodies. In such cases, local courts may take the side of the authorities, which leads to even greater injustice.

 

  • Nevertheless, there is an organization that can assist in overcoming this challenge. This is the European Court of Human Rights – a judicial body of the Council of Europe, which oversees the entire judicial system of EU member states and jurisdictions that have ratified its jurisdiction.

 

If you are experiencing injustice, bias, or violations of your rights and freedoms, you have the option to submit a request to the ECHR, though this process may come with challenges, not necessarily monetary ones. So, how to apply to the European Court of Human Rights? Find out in the following sections of the article!

 

Importance of Proper Complaint Preparation

To begin with, preparing the complaint in the ECHR for consideration is a fairly complex process that requires the applicant to meet certain conditions and rules. In particular:

  • Passing through basic and appellate court processes within the local law enforcement system.
  • Classifying the violation and determining that the responsible party is a member state of the Council of Europe.
  • Collecting and providing facts of the rights and freedoms violation in the format established by the court.
  • Supporting the application with valid judgments and decisions from the highest institutions of the country.
  • Exhausting legal tools and mechanisms within the country of residence applicant.

 

Failure to meet even one of these conditions will result in the rejection of the application and the refusal to consider the case by the ECHR panel.

 

Understanding the ECHR Complaint Mechanism

In short, an application to the European Court of Human Rights is essentially the last chance to protect one’s rights in a country that is a member of the Council of Europe. The institution only considers claims against the state and only when the application meets established formats, and the violation itself is either obvious or proven.

 

Certain conditions must also be met, such as exhausting all local legal protection mechanisms, etc.

 

Note: the consideration of the application to submit a case to the ECHR takes at least a few weeks. The consideration of the case, if the application is accepted, can take up to five years, depending on its classification and urgency.

 

Who Can Apply

How to apply to the European Court of Human Rights? First, it is necessary to determine whether you are eligible to have your case considered by the institution. For example:

  • Individuals. Any person, regardless of nationality or place of residence, can submit a complaint.
  • Organizations or groups. Complaints can also be submitted by non-governmental organizations (NGOs) or groups of individuals.
  • Only against states. The complaint must involve a violation by a state party to the Convention, not by private individuals or companies.

 

Note: The ECHR has been ratified by most European countries, but there are exceptions. This automatically means that any decision by the institution in such cases will be invalid. However, even in countries that have ratified the Convention on Human Rights, the decisions of the institution are not always mandatory to enforce.

 

Rights Protected Under the Convention

During preparing the complaint in the ECHR for consideration, attention should be paid to whether the violation truly falls under the jurisdiction of the institution. If not, the ECHR will dismiss the claim due to non-compliance with the conditions.

 

The Convention encompasses a broad spectrum of civil and political rights, such as:

  • The right to life (Art. 2).
  • The ban on torture and inhuman or degrading treatment (Art. 3).
  • The right to a fair trial (Art. 6).
  • The right to respect for private and family life (Art. 8).
  • Freedom of expression (Art. 10).
  • Prohibition of discrimination (Art. 14).

 

However, in order to begin the consideration of the application, a solid evidence base is required, along with meeting the acceptance criteria, which can be quite a challenge for ordinary citizens.

 

Admissibility Criteria

You cannot just take and submit an application to the European Court of Human Rights. More precisely, you can, but you will receive a refusal from the committee if it does not meet a number of conditions. Moreover, even if the application is approved, years may pass before the case is considered. So, it’s not that simple.

 

For a successful submission, the application must meet the format established by the Convention, be concise and well-founded.

 

Only after this will you receive the direct application form, to which you should attach a specific list of documents and the evidence of the alleged violation.

 

And even then, you will not receive any guarantees regarding the timeliness and effectiveness of the case review by the institution. Here are a few important points you should know already at the stage of preparing the complaint in the ECHR for consideration.

 

Exhaustion of Domestic Remedies

The first and key point: you must go through all instances at the local, regional, and state levels before submitting an application to the ECHR. And an argument regarding “disagreement with the decision” is not a valid reason for appeal.

 

What does this mean in practice:

  1. You need to initiate the case review at the local level.
  2. If you are dissatisfied with the result, appeal to the higher instance.
  3. The final outcome should be the verdict from the highest judicial body of the state and a rejected or unsatisfied appeal.

 

If the violation or non-compliance with rights and freedoms remains, you can initiate an application to the ECHR.

 

Timeframe for Submission

You can submit the agreement to the ECHR no later than six months from the announcement of the case result by the highest court of the country. If the deadline has already passed, your application will be rejected.

 

Moreover, the judicial procedure itself can stretch over years, especially if you are dealing with property or ownership disputes. For example, the time for reviewing and processing an application, along with procedural operations for a complaint in the ECHR regarding forced property confiscation, can take around five years.

 

If the case involves threats to the life or freedom of the respondent, it may be assigned the highest priority, potentially reducing the time for the decision to be made.

 

Significant Disadvantage

The time of consideration of the case, as well as the lack of guarantees regarding the adoption of a positive decision in favor of the applicant or the enforcement of the ECHR’s rulings by the country being sued, are the key issues of this process.

 

In fact, the ECHR is the highest judicial body for the member states of the Council of Europe. However, in practice, the decisions of this body are not always subject to full and unconditional enforcement. This is particularly true in countries that prioritize their own legislation over the provisions and standards of the Convention for the Protection of Human Rights and Fundamental Freedoms.

 

Additionally, the time for reviewing applications sometimes extends over years, as the ECHR receives tens of thousands of applications annually. This means that the effectiveness of the institution is quite questionable, especially in matters affecting people’s health and lives.

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At the same time, it is the highest judicial body of the Council of Europe, so it makes sense to turn to it in deadlock situations when the state cannot guarantee the protection of its citizens’ rights and freedoms.

 

Steps to Prepare a Complaint

How to apply to the European Court of Human Rights? It should start with comprehensive preparation, which includes two main steps.

 

Note that each stage can lead to rejection, so you should prepare thoroughly before submitting the application, or better yet, use the services of experienced lawyers, such as the experts from the AA Lawrange team.

 

Obtaining the Official Application Form

The first step will be obtaining the application form. To do this, you should visit the official ECHR portal and follow the guidelines to download and print the form.

 

Filling Out the Application

Fill out the application form using real data. Add accompanying documents that prove the violation of your rights and freedoms by the state, extracts from court registers, and copies of rulings from the authorities.

 

Language Considerations

While applications are accepted in all languages of the Council of Europe member states, English-language versions are typically processed more favorably. Therefore, we recommend using English to fill out the form.

 

Submission Process for an Application to the European Court of Human Rights

Let’s start with the fact that for proper preparation and submission of the application, you will need the help of European Convention (ECHR) Lawyers. Otherwise, you risk being rejected and losing your chance to protect your rights and freedoms.

 

The process of application to the European Court of Human Rights is not the most complicated in the organizational context:

  • Collecting data and systematizing it for the appeal.
  • Filling out the application form.
  • Sending the document package to the address:
    • The Registrar
    • European Court of Human Rights
    • Council of Europe
    • 67075 Strasbourg Cedex
    • France

 

And then waiting for a response regarding the approval or rejection of the application, as well as being informed about the status of the case if the appeal is accepted for review.

 

Common Challenges and How to Overcome Them

Preparing the complaint in the ECHR for consideration plays a decisive role in the review of your case. Make every effort to submit a perfect application to the institution. Although the process appears simple, it involves several non-obvious challenges that can undermine all efforts and deprive you of the opportunity for protection.

 

Incomplete Applications

An incomplete application or errors in the information it contains may be one of the reasons for the rejection of your case. Use the official ECHR guidelines to properly prepare your claim.

 

Missing Deadlines

The application must be submitted no later than six months after the announcement of the results of the case review by the highest judicial authority of the country. Therefore, if you plan to appeal to the ECHR, send your application well in advance.

 

Insufficient Evidence

Your words are not arguments for the judges of the institution. For your case to be considered, you must provide an evidence base that removes any doubts about the violation of your rights and freedoms by representatives of state authorities.

 

How Lawrange Can Assist You

You can start preparing the complaint in the ECHR for consideration on your own. However, without a thorough understanding of the institution’s mechanisms, your chances of getting your application approved will be minimal.

 

Experts at AA Lawrange have been practicing law for over a decade in most countries worldwide and have experience specifically with the ECHR. Therefore, our specialists will help you correctly prepare your appeal, gather the evidence base, and improve your chances of a favorable verdict.

 

Conclusion

Application to the European Court of Human Rights is a seemingly straightforward process that can help you defend your rights and freedoms against the state. At the same time, even the smallest mistake in preparing the application can lead to rejection. Considering that the institution receives tens of thousands of appeals annually, there might not be a second chance.

 

If you want to improve your chances of having your case reviewed by the European Court of Human Rights, you should entrust the application process to experts.

 

Contact the representatives of AA Lawrange for a preliminary consultation and assistance in preparing your application to the ECHR!

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