Appeal against the judgment of the ECHR

How to Properly Appeal a National Court Decision to the European Court of Human Rights (ECHR), Quickly Process All Documents, and Win Your Case?

Learn how to appeal a national court decision to the ECHR, key steps of the process, and complaint submission requirements.

Appealing a national court decision to the European Court of Human Rights (ECHR) is a significant step in protecting your rights and freedoms guaranteed by the European Convention on Human Rights. If you believe that national courts have violated your rights, you have the opportunity to approach the ECHR. This is not only a chance to restore justice in your case but also an opportunity to influence the improvement of the legal system as a whole.

Preparing to File an Appeal to the ECHR

Gathering the Required Documents

The first step in appealing a national court decision is thoroughly gathering all necessary documents. These will form the basis of your complaint and help the ECHR understand the essence of the violation.

• Copies of all court decisions: decisions from the courts of first instance, appellate, and cassation courts. These documents confirm that you have exhausted all national remedies.
• Evidence of rights violations: witness statements, medical certificates, official documents, photographs, videos — anything that supports your claims.
• Documents confirming exhaustion of national remedies: proof that you have approached all possible instances in your country, including cassation and constitutional courts if applicable.

Main Requirements of the ECHR

Before filing a complaint to the European Court of Human Rights, it's important to consider several key aspects:

• Exhaustion of national remedies: You must have gone through all possible court instances in your country. This is a mandatory condition for the admissibility of your complaint.
• Observing the complaint submission deadline: The complaint must be submitted within four months from the date of the final national decision. Missing this deadline may lead to rejection.
• Violation of rights guaranteed by the Convention: Your rights must be enshrined in the European Convention on Human Rights or its protocols.
• Correct complaint submission: You must use the official ECHR complaint form and adhere to all formal requirements when filling it out.

Complaint Submission Procedure

Stages of Submission

1. Preparing the complaint: filling out the official ECHR complaint form, available on the court's official website.
2. Gathering the necessary documents: attaching copies of court decisions and other evidence supporting your claims.
3. Submitting the complaint: sending the complete set of documents by mail to the ECHR. It’s important to keep the delivery confirmation.
4. Receiving confirmation: waiting for the court's confirmation of the receipt of your complaint and the assignment of a registration number.
5. Further correspondence: interacting with the court, providing additional information or documents upon request.

Required Documents and Forms

• Official complaint form: can be downloaded from the official ECHR website www.echr.coe.int.
• Copies of court decisions: certified copies of all relevant national court decisions.
• Additional documents: evidence supporting your claims (witness statements, medical certificates, official documents, etc.).
• Power of attorney for a representative: if the complaint is submitted by a lawyer on your behalf, a document confirming their authority must be provided.

Complaint Admissibility Criteria

Who Has the Right to File a Complaint

• Individuals: citizens who believe their rights have been violated by the state.
• Legal entities: companies and organizations whose rights have been violated.
• Groups of individuals: collective complaints from multiple applicants who have experienced similar violations.

Exhaustion of National Remedies

You must prove that you have exhausted all available remedies in the national courts. This is confirmed by court decisions from all instances and official documents. If certain remedies were unavailable or ineffective, this must be justified.

Victim Status (!)

The applicant must be a direct victim of the rights violation. It is necessary to clearly justify how the violation affected you personally and provide evidence of this impact.

Estimated Case Review Timeline

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These timelines are approximate and may vary depending on the circumstances of the specific case.

The Role of Legal Assistance

Advantages of Professional Legal Support

• Expert case analysis: a lawyer will assess the prospects of your case and possible risks.
• Correct document submission: a lawyer will help you avoid formal errors that could lead to the rejection of your complaint.
• Strong legal argumentation: a professional will develop an effective legal position using ECHR case law precedents.
• Court representation: the lawyer will protect your interests at all stages of the process, including correspondence with the court.

Specifics of Legal Support

Turning to qualified specialists helps avoid many problems:

• Knowledge of case law precedents: lawyers know how to use previous court decisions to support your position.
• Timely response to court requests: a lawyer ensures a prompt response to any court requests or demands.
• Confidentiality and ethics: professional lawyers adhere to confidentiality and ethical standards, protecting your interests.

Common Mistakes and How to Avoid Them

Typical Mistakes When Filing Complaints

• Failure to meet the deadline: missing the four-month deadline is one of the main reasons complaints are rejected.
• Incorrect complaint submission: using unofficial forms, incomplete or inaccurate completion of the official form.
• Insufficient argumentation: lack of clear justification for the violation of rights and their connection to specific articles of the Convention.
• Lack of required documents: failure to provide copies of court decisions or crucial evidence may lead to the rejection of the complaint.

Tips for Successfully Filing a Complaint

• Carefully check all documents before sending, ensure their completeness and accuracy.
• Follow official requirements for complaint submission, use the up-to-date forms and recommendations from the ECHR website.
• Seek legal consultation to assess your case and receive professional recommendations.
• Monitor deadlines and act promptly to avoid missing important deadlines.
• Maintain communication with the court: respond to requests and provide additional information as needed.

Appealing a national court decision to the European Court of Human Rights is a complex but vital process for protecting your rights. Key points to consider:

• Exhaustion of national remedies: a mandatory condition for the admissibility of the complaint.
• Meeting deadlines and formal requirements: failure to comply can lead to rejection without consideration on the merits.
• Professional legal support: significantly increases the chances of success and helps avoid common mistakes.

Without the support of our specialists and lawyers, this process can be very challenging and risky.

How We Will Work

Step 1: Contact Us. To start, you just need to fill out the form on our website or give us a call. We will get in touch with you immediately to clarify the details.

Step 2: Get a Consultation. After the initial contact, we will schedule a convenient time for a consultation. The consultation will continue until all your questions are answered. During it, you will be able to describe your situation, and we will provide you with an initial case assessment and the prospects for its fastest resolution.

Step 3: Strategy Development. Based on the information provided, we will develop an individual plan that takes into account all the specifics of your case. You will learn about the specific steps we will take to ensure the desired result and a successful outcome in court.

Step 4: Legal Support. After the strategy is approved, we begin working. Our lawyers handle your case from start to finish, ensuring the protection of your interests at every stage—from document preparation to court representation.

Step 5: Achieving Results. Upon completing the case, you will receive a detailed report of the work done and, most importantly, the resolution of your problem. We will support you until you get the desired result and all issues are resolved.

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