Appeal to the European Court of Human Rights

Under what conditions can one apply to the European Court of Human Rights?

According to the Constitution of Ukraine, everyone is guaranteed the opportunity to apply to international courts after exhausting all national remedies. One of the most effective such institutions today is the European Court of Human Rights (hereinafter referred to as the ECHR), to which complaints are submitted from citizens of Ukraine annually. At the same time, a large number of such appeals are rejected, since due to insufficient awareness, citizens mistakenly believe that they can apply to it in any situation regarding the violation of their rights and legitimate interests.

In fact, filing a complaint is only possible if certain conditions are met:

• first, the violation must be from the state. Citizens can appeal against the actions or inaction of the state, its bodies or officials who violated their freedoms (guaranteed by the European Convention) or failed to provide them with adequate protection;
• second, all domestic remedies have been exhausted. Before applying, it is necessary to go through all effective legal mechanisms in Ukraine;
• third, the case must not have been re-examined by another international institution.

Thus, an appeal to the ECHR is relevant in cases where the national justice system has proven ineffective. It is also important to check whether the violating state is a signatory to the Convention, and the violation occurred after it ratified the specified document. It is also worth emphasizing that only a person whose rights have been violated (“victim status”) can apply, and not someone who acts in the general interest and is, for example, a third party in the case. You can learn more about the procedure for filing a complaint by reading the article by our specialized lawyer before this.

What information is needed to apply to the European Court of Human Rights?

To apply to the ECHR, you need to prepare an individual application, which must meet the established requirements. The main requirements for such an application are as follows:

1. written form and official form. The application is submitted only on the official form (approved by the Regulations and published on the official website), must be drawn up in the official language of the country that ratified the European Convention (although the proceedings are conducted in English or French);
2. compliance with the requirements for content. Before filling out the complaint form, you must familiarize yourself with the official explanatory note, which contains important explanations regarding the use of a particular terminology, the correct completion of the relevant items. As a general rule, there must be information about the applicant, a description of the circumstances, specific articles of the European Convention and its Protocols regarding the violation of the legal freedoms of a citizen, what results the applicant expects, the calculation of just satisfaction;
3. preparation and execution of accompanying documents. In particular, copies of court decisions, a power of attorney (if the interests of the party will be represented by a lawyer), etc. are attached.

Correct application to the European Court of Human Rights: legal assistance

Preparing an application to the ECHR is a complex legal process. An incorrectly completed complaint may be rejected without consideration, which may lead to missing the deadline and the impossibility of considering the case in this international judicial institution in the future. That is why, the assistance of a qualified lawyer significantly increases the chances of the case being successfully accepted by the Court.

Legal assistance from specialists of the company “Prikhodko & Partners” on this issue provides for:

• conducting a mandatory preliminary consultation to analyze the case, assess the chances of success in the ECHR, verify compliance with the admissibility criteria (compliance with deadlines, exhaustion of domestic remedies, etc.);
• filling out the official form and collecting the necessary accompanying documents by collecting court decisions, evidence, certifying their copies for the ECHR, correctly filling out the points of the complaint in accordance with the recommendations of the Court itself;
• correct calculation of just satisfaction, which will consist of taking into account the costs of legal assistance, justified claims for compensation from the violating state;
• further support in considering the application to the ECHR.

Deadline for filing an application with the European Court of Human Rights

From February 1, 2022, in accordance with Protocol №. 15 to the ECHR, the deadline for filing an application is no longer 6 months, as it was before, but only 4 months from the date of the final court decision at the national level. The specified deadline is calculated from the date of adoption and delivery of the final decision by the highest court, unless the applicant received it later, since then the deadline begins to count from the date of its actual receipt.

Thus, an application to the European Court of Human Rights is an important mechanism for the international protection of human rights and freedoms. In order to successfully file an application, a number of key conditions must be met (violation by the state, exhaustion of domestic remedies, the applicant’s “victim” status, compliance with the deadline for filing, etc.). Properly filing the application and complying with all procedural requirements significantly increase the chances of the application being considered by the Court and the protection of rights.