Have your human rights and freedoms been violated by the state? Have the local courts failed to help you in the matter and have you exhausted all remedies? Take the opportunity to lodge a complaint with the European Court of Human Rights, which operates at international level. In this article, we’ll tell you when you can file a complaint, what it should look like and how the European Court can decide.
The European Court of Human Rights (ECHR) is a judicial institution of the Council of Europe, based in Strasbourg, France. Its main mission is to protect and ensure respect for the rights and freedoms set out in the Convention for the Protection of Human Rights and Fundamental Freedoms.
This Convention guarantees fundamental human rights and freedoms in European states, including the right to life, the prohibition of torture and inhuman treatment, the prohibition of slavery and forced labour, the right to a fair trial, freedom of thought, conscience, religion, freedom of expression, freedom of assembly and association, and the right to respect for private and family life.
Tip: You can find out exactly what the Convention on Human Rights regulates in our article.
The ECtHR receives complaints from individuals, groups of persons or even states alleging violations of their rights protected by the Convention. ECtHR decisions are binding on member states, which are obliged to comply with them. This may include changes to legislation or the payment of compensation to aggrieved parties.
Are you going to appeal to the ECHR?
We will be happy to help you. We will assess your chances of success in court and propose a solution that will lead to the desired outcome.
To lodge a complaint with the European Court of Justice, you must meet three conditions:
You can only lodge a complaint if you think there has been a violation of your rights under the Convention. This violation may be caused by an act or omission by a state authority or other authority under the jurisdiction and responsibility of a Council of Europe member state.
A complaint cannot be based solely on dissatisfaction with a national decision, but must contain convincing arguments as to why that decision violates the rights set out in the European Convention on Human Rights.
You must first exhaust all possibilities and remedies available under national law. This means that you must use all the remedies available to you before the national courts. So, if it is a court decision, you have to go through all the stages of appeal and, if possible, use other remedies such as an appeal or an appeal.
If you believe that your fundamental human rights have been violated, you still have the option of lodging a constitutional complaint with the Constitutional Court. This is our main court responsible for upholding human rights and constitutional order. However, this is only possible after you have exhausted all of the traditional remedies that we have mentioned above.
The ECtHR assumes that national courts have primary responsibility for the protection of human rights. To avoid bringing a complaint before the ECtHR in cases where the problem can be resolved at the national level, it is important to exhaust all available remedies.
Tip: Has the court ruled against you and do you want to defend yourself? We will assess your chances of success and take care of preparing an appeal or appeal depending on the proceedings and the stage they are at.
Once you have exhausted your domestic remedies, you must lodge a complaint with the ECtHR within four months of the date on which a final decision is given under the national legal system. This time limit is fixed and compliance with this condition is crucial for your complaint to be accepted for consideration by the ECtHR.
A final decision is a decision of a national court which is final and cannot be challenged by further appeals within the national legal system.
There is an official form to fill in to lodge a complaint. You will need to enter the following information:
Tip: Have your rights guaranteed by the Convention been violated? An available lawyer is at your disposal. We can help you enforce your rights, whether in local courts or at the European Court of Human Rights.
You can write your complaint in Czech. You must fill in the form in full, otherwise the European Court may reject your complaint. The completed complaint with copies of all related documents should be sent by registered mail to the ECtHR address:
The Registrar
European Court of Human Rights
Council of Europe
67075 Strasbourg cedex
FRANCE
Your complaint will be heard either by a single judge, a committee or a chamber. It will go to the single judge if it is clearly inadmissible (for example, if you have not met one of the conditions). The decision of the single judge on inadmissibility is final and you cannot appeal against it.
If your complaint is a routine matter, it will go to a committee of three. Its decision is final and cannot be appealed. If it is not a recurring matter, it goes to a seven-member panel. The latter can declare your complaint inadmissible or admissible. If it finds it admissible, it will give the state an opportunity to comment on the matter. The government’s position will then be sent to you by the ESPL and you can comment on it.
In complex cases, complaints are heard by a panel of 17 judges. You can also appeal to this panel if you disagree with the decision of the seven-member panel. You have 3 months to do so, but the European Court of Justice only grants such requests in really exceptional situations.
Finally, it should be stressed that court proceedings can be lengthy. Unless your complaint is exceptionally serious, then it is pushed back beyond those where the urgency is greatest. Also, the European Court does not have to acknowledge receipt of your complaint, nor does it have to notify you of the date of the hearing. In fact, it receives more than 50,000 applications a year and this process would be very administratively demanding for it.
Tip: Curious about how EU law works? Find out in our next article.
If your complaint is upheld, the court will issue a judgment. This may say that there has been no breach of the Convention, in which case nothing will change for you. However, if it concludes that there has been a breach of the Convention, it may order the state to compensate you for the harm you have suffered. It can also suggest measures that should be taken to remedy or compensate for the violation. Enforcement of the decision is then monitored by the Committee of Ministers of the Council of Europe.
Filing a complaint with the European Court of Human Rights is a process that requires careful adherence to set conditions and procedures. In order for a complaint to be admitted for consideration, it is necessary to substantiate a violation of the rights protected by the European Convention on Human Rights, exhaust all available domestic remedies and file the complaint within the time limit.
When filling in the official form, it is crucial to ensure that it is complete, attach relevant evidence and argue convincingly why you believe your rights have been violated. You should also bear in mind that proceedings before the ECtHR can take a long time, and in some cases the court may not accept your complaint for consideration.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
