Publication date: 07.06.2024
The procedure for applying to the European Court of Human Rights
The European Court of Human Rights (ECtHR) is a key institution for the protection of human rights at the international level. Its jurisdiction covers all member states of the Council of Europe that have signed and ratified the European Convention on Human Rights. An important aspect of the appeal to the ECtHR is the strict observance of the established procedures and rules, which will ensure a successful consideration of the case. In this article, we will consider the main stages of applying to the ECHR.
First stage: Exhaustion of national remedies
Before applying to the ECtHR, it is necessary to exhaust all national remedies. This means that the applicant must go through all instances of national courts, including appeals and cassation courts. Without fulfilling this condition, the ECtHR will refuse to consider the case.
Second stage: Preparation of the application
Preparing an application to the ECHR is a responsible and complex process that requires a detailed legal analysis of the situation. It is important to consult a lawyer who will be able to professionally assess the prospects of the case and prepare all the necessary documents. A specialist's legal opinion will help to avoid mistakes and increase the chances of a successful trial.
Third stage: Filling and submitting the application form
An application to the ECHR is submitted using a special form that can be found on the court's official website. The form must be filled out clearly and in accordance with the requirements specified in it. It is important to note all the facts, circumstances and evidence that confirm the violation of the applicant's rights.
The fourth stage: Sending the application
The completed form, together with all additional documents, is sent to the office of the ECHR. The application can be submitted both by mail and electronically. In the case of electronic submission, it is worth using the services of online lawyers who will help with the correct design and sending of documents.
Fifth stage: Examination of the application by the court
After receiving the application, the court checks it for compliance with the admissibility criteria. If the application is accepted for consideration, it goes through several stages, including communication with the government of the respondent state. At this stage, the help of a lawyer online will be extremely useful, as he will be able to quickly respond to the court's requests and provide additional information.
Sixth stage: Resolution of the case
The consideration of the case can end both with a ruling on admissibility and with a final decision on the merits. The final decision of the ECtHR is binding on the respondent state.
Conclusion
Verification of documents by a lawyer - that's all what you need!
Appealing to the ECHR is a complex and multi-stage process that requires a thorough legal analysis of the situation and professional preparation of documents. Consulting a lawyer at all stages of this process is a necessary condition for a successful resolution of the case. A specialist's legal opinion will help determine the prospects of the application, and the help of an online lawyer will ensure the speed and quality of submitting documents. Appeal to the ECHR is a real tool for the protection of human rights, which requires a responsible approach and professional support. Our online lawyer will always help you and is waiting for your call.
