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Who Can File a Complaint in the European Court of Human Rights

Although a lawyer is not obliged to lodge a complaint, applicants should be represented after the admissibility of the case and must be represented by a lawyer at each hearing before the Court of Justice. Since 1 August 2018, the Court has also had advisory jurisdiction. Protocol No. 16 to the European Convention, which entered into force on 1 August, allows the highest national courts of States Parties to the Protocol to request advisory opinions from the European Court of Justice on questions of interpretation of the European Convention and its Protocols. The questions must arise from the cases pending before the national court. [IJRC] An individual complaints mechanism allows individuals, groups and, in some cases, NGOs to assert their rights. There are various individual complaint mechanisms to enforce rights guaranteed under international law. Individual complaints may be filed with certain regional courts, such as the European Court of Human Rights, when all domestic remedies have been exhausted. The Charter protects natural and legal persons against acts of the EU institutions that violate fundamental rights. In this case, the European Court of Justice has the power to review the legality of the act. If you believe that your rights have been violated, you should contact your country`s national equality body.

Applicants can use the European Court of Human Rights` online admissibility checklist to determine whether their application meets the requirements. In addition, the Court produced a short video on the conditions of admissibility. In 1998, the European human rights system was reformed to abolish the European Commission of Human Rights, which had previously ruled on the admissibility of complaints, monitored out-of-court settlements and referred some cases to the Court of Justice – similar to the current inter-American system. Individual victims can now submit their complaints directly to the European Court of Human Rights. The European Commission can take an EU country to court for violating fundamental rights in the implementation of EU law. However, this is not possible if it is only a question of national law. The European Court of Human Rights (ECHR) is a regional human rights court based in Strasbourg, France, established under the auspices of the Council of Europe. The Court began its work in 1959 and has delivered more than 10,000 judgments on alleged violations of the European Convention on Human Rights. If you believe that your rights have been violated in a context that is not covered by EU law, you should address your complaint to the competent national authority, be it the government, national courts or a specialised human rights body. The Charter of Fundamental Rights of the European Union complements, but does not replace, national constitutional systems or the system of protection of fundamental rights guaranteed by the European Convention on Human Rights. The Court has jurisdiction to hear complaints (“applications”) from individuals and States concerning violations of the Convention for the Protection of Human Rights and Fundamental Freedoms (commonly known as the “European Convention on Human Rights”), which mainly concern civil and political rights. It cannot take up a case alone.

In particular, the person, group or non-governmental organization submitting the complaint (“applicant”) need not be a citizen of a State Party. Croatia is obliged to report to the European Court of Human Rights on its practice of refoulement to Bosnia and Herzegovina. The court accepted the individual claims of three Syrian refugees. The complainants were denied individual assessment as they were summarily and collectively deported to the Croatia-Bosnia and Herzegovina border in October 2018. Article 47 of the ECHR: 1. The Court may, at the request of the Committee of Ministers, give advisory opinions on questions of law relating to the interpretation of the Convention and its Protocols. 2. These opinions shall not concern questions relating to the content or scope of the rights or freedoms defined in Section I of the Convention and its Protocols, or to any other question which the Court or the Committee of Ministers may be called upon to examine following proceedings initiated under the Convention. 3. Decisions of the Committee of Ministers seeking the opinion of the Court shall require a majority of the votes of the representatives entitled to sit on the Committee. The EU-funded project “Ch@rter Click!” produced a practical toolkit (checklist and tutorial) to help victims of fundamental rights violations, lawyers, national judges, ombudsmen, equality bodies and other national human rights institutions to assess whether the Charter can provide protection in a particular case.

However, the complaints submitted to the Court must relate to alleged violations of the Convention committed by a State party to the Convention which have directly and significantly affected the applicant. As of November 2018, 47 States were parties to the Convention; these include the member states of the Council of Europe and the European Union. Some of these States have also ratified one or more of the Additional Protocols to the Convention that protect additional rights. The Spanish authorities receive unaccompanied minors and unceremoniously return them to Morocco without initiating proceedings to identify and protect their rights. This policy was strongly condemned by the UN Committee on the Rights of the Child in February 2019 in a decision that clearly respects the fundamental rights of unaccompanied minors at Europe`s borders. Article 38(1)(b) of the ECHR. If the Court declares an appeal admissible, it shall be at the disposal of the parties concerned with a view to reaching an amicable settlement of the case on the basis of respect for human rights as set out in the Convention and its Protocols. The European Court of Justice, or “Strasbourg Court” as it is often called, plays a complementary role to the European Committee of Social Rights, which monitors the respect of social and economic rights by European states.

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