Lawyer at the European Court of Human Rights

In today’s world, the protection of human rights is becoming an increasingly relevant issue. The global community demands that nations adhere to fundamental rights and freedoms, and it’s for this purpose that the European Court of Human Rights (ECHR) was established. The role of a lawyer in this process cannot be overstated, as it is the ECHR lawyer who assists citizens in defending their rights and lawful interests. In this context, it’s important to understand what the European Court of Human Rights (ECHR) is and the role it plays in protecting citizens’ rights.

What is the ECHR?

The European Court of Human Rights is an international judicial body established to protect the freedoms and interests of individuals as outlined in the European Convention on Human Rights and Fundamental Freedoms (ECHR). The court was founded in 1959 and is located in Strasbourg, France. Its jurisdiction extends to all member states of the Council of Europe. The ECHR hears cases alleging that one of the Convention’s member states has violated the rights of an applicant guaranteed by the ECHR.

What are the functions of the European Court of Human Rights (ECHR)?

The European Court is tasked with ensuring the strict observance and implementation of the convention’s standards by its member states. It accomplishes this task by reviewing and deciding on specific cases that it has agreed to hear, based on individual applications submitted by a person, a group of people, or a non-governmental organization. Thus, the ECHR performs several key functions aimed at protecting human rights.

1. Judicial function: The primary task of the European Court of Human Rights (ECHR) is to review applications submitted by individuals, legal entities, and states. The court makes decisions on whether the applicants’ rights have been violated and implements measures for their restoration.
2. Advisory function: The European Court of Human Rights (ECHR) can issue opinions on matters related to the interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms. This assists countries in correctly interpreting and applying human rights standards within their jurisdictions.
3. Preventing violations: a court can issue orders requiring immediate action by states to prevent potential human rights abuses.
4. Support for human rights defenders: The European Court of Human Rights contributes to the development of the human rights movement and LGBT representation by creating a platform for citizens whose rights have been violated to seek redress.
5. Awarding and ensuring adequate compensation for the winning party.
6. Analyzing whether any violation in a specific country is widespread due to systemic issues, and recommending that the country take action to address the identified shortcomings.
7. Reviewing the requests from the Committee of Ministers of the Council of Europe regarding whether the respondent state has violated its obligations to implement the judgments (decisions) of the European Court of Human Rights.

Key Principles of the European Court of Human Rights

As an international judicial body, the European Court of Human Rights must adhere to certain rules. In its operations, the ECHR relies on several key principles:

1. The principle of the rule of law: all states that have signed the ECHR are obligated to adhere to its standards and the decisions of the ECtHR.
2. The right to access justice: everyone has the right to a fair and public hearing of their case within a reasonable time frame. This can be exercised by filing a complaint with the European Court of Human Rights (ECHR).
3. Impartiality: Judges of the European Court of Human Rights must be independent and unbiased, ensuring the fairness and legality of decisions.
4. The principle of autonomy means that the rights and freedoms guaranteed by the Convention for the Protection of Human Rights should be considered independently of national laws. They shouldn’t be contingent on how these rights are interpreted in different countries. The European Court of Human Rights develops common law, and its decisions cannot be based on legal definitions adopted by individual states. This principle first emerged in the interpretation of “civil rights” under Article 6 of the Convention.
5. Evolutionary principle: a convention is a “living instrument” that should be interpreted in light of current conditions and views that exist in democratic countries. The court must consider changes in public opinion and ideas, but there are limits: some norms were clearly defined when the Convention was adopted.
6. The principle of effectiveness: the provisions of the Convention should be interpreted and applied in a way that makes them specific and effective.
7. The principle of proportionality: restrictions on rights must be proportional to the necessity of their introduction. This means that measures should match the objectives they aim to achieve.
8. The principle of subsidiarity: the court serves as an auxiliary mechanism for the protection of human rights. It should not replace national protection systems, and states have the freedom to choose measures to ensure the rights provided by the Convention. The court takes into account the specifics of national legislation.
9. The principle of “de minimis non curat praetor” means that the court does not concern itself with trivial matters. New procedures in the European Court help address systemic human rights violations. For example:
   – Pilot solution procedure.
   – Priority consideration of cases.
   – Introduction of temporary measures.
   – New criterion for complaint acceptability: “the applicant did not suffer significant harm.”

When should you turn to the European Court of Human Rights?

To take a case to the European Court of Human Rights, you’ve got to first run through all the legal options available in your home country. This means that before you can file a complaint with the ECHR, you need to have tried every possible national court. Also, keep in mind that your complaint needs to be filed within six months of the final decision by your country’s courts. Plus, your complaint must be based on clear violations of rights protected under the European Convention on Human Rights, like the right to life, the right to freedom and security, among others. The violation in question has to be significant and must directly affect your fundamental rights.

How to File a Complaint with the European Court of Human Rights

File a complaint with the European Court of Human Rights You can file a complaint in a few different ways. Typically, during the submission process, you need to gather all the documents that prove your rights and the grounds for your complaint. You can fill out the application through the official website of the European Court of Human Rights (ECHR) or on paper. It’s important to follow all instructions and provide all necessary information. The complaint needs to be sent by mail or via email, as listed on the human rights court’s website. After submitting your complaint, it will take some time for it to be reviewed. The ECHR will notify you of the outcome.

Reasons for Rejection at the European Court of Human Rights

The European Court of Human Rights reviews hundreds of cases every year, but it receives way more applications for consideration. The ECHR can refuse to take on a complaint for several reasons:

1. Non-compliance with requirements: A complaint may be rejected due to lack of preparation or insufficient information.
2. Exhaustion of domestic remedies: if you haven’t turned to all possible national bodies for help, the court may deny your case.
3. Submission deadlines: complaints submitted late (after the six-month period) will also be rejected.
4. Absence of a serious rights violation: if the violated rights are not significant, the court may refuse to hear the case.

How can our lawyers help you?

When filing a complaint with the European Court of Human Rights (ECHR), it’s crucial to have a professional lawyer who can competently represent your interests. Our company can assist you with all the nuances related to the ECHR, starting from explaining all aspects of the court’s operations to successfully closing your case.

Representation at the European Court of Human Rights

Our lawyers have experience handling cases that are considered in human rights courts and are familiar with all the nuances of filing complaints. We don’t just offer professional services and assistance, but we’re also ready to:

• Provide legal advice: We’ll be able to explain which rights have been violated and how to properly prepare the documents for submission.
• Prepare and file complaints: we’ll help with drafting your complaint to ensure it meets all the requirements of the European Court of Human Rights.
• Representing your interests: we will ensure high-quality representation and support during the case review, including the submission of additional materials and arguments.
• Appeal decisions if necessary prepare a complaint against the decision of the European Court of Human Rights – our lawyers can also help you.

Our team supports clients from Ukraine, France, Brazil, and other countries, providing reliable protection of interests in the European Court of Human Rights.

Dmytro Konovalenko

Senior Partner, Attorney-at-law, admitted to the Bar (Certificate to practice Law #001156)

Lawyer specializing in extradition and Interpol cases, with membership in the International Bar Association. In five years of practice, Dmitry has defended clients against persecution by law enforcement agencies in the United States, Russia, Uzbekistan, Ukraine, Russia and other countries. He has successfully applied measures to prevent a manhunt at early stages and specializes in defending in complex cases involving economic, political and military charges.

Phone:

+12029293711

Email:

[email protected]

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