The JURE DE FACTO Center

In the following, we will try to familiarize you with a very popular instance, whose specifics are, unfortunately, largely unknown. Therefore, we will try to show you certain features of the European Court of Human Rights, following which we will present a short guide to drafting an ECHR request.

The JURE DE FACTO Center is intended to consult and assist you legally in order to formulate the request before the ECHR. It is made up of a team of professionals specialized in the defense of human rights. We are located in Strasbourg, France, phone +33685435842.

The European Institutional Court, the European Court of Human Rights is a court established at the level of the Council of Europe, being a body of it. The seat of the ECHR is in Strasbourg, France. What is extremely important is the fact that the ECHR, as a court of law, does not judge anything other than requests regarding violations of the rights and freedoms protected by the Convention for the Protection of Human Rights and Fundamental Freedoms, a document also known as the European Convention on Human Rights To the man. The document called the European Convention includes both the initial Convention and a number of additional Protocols, which modified and completed it. Likewise, considering the provisions of the Convention, only violations committed by a State signatory to the Convention can be shown before the court in Strasbourg. You cannot, therefore, sue any natural person, a commercial company, etc. You can, however, show certain violations of rights committed by a State signatory to the Convention, even if the violation was not committed on the territory of that State, provided that the place where the violation occurred was under the jurisdiction of that State.

Likewise, it does not matter if you are a citizen of the respective State, a European citizen, or stateless, the State signatory to the Convention guaranteeing the respect of rights towards everyone.

Therefore, you will not be able to present before the Court requests that show, for example, violations of the Universal Declaration of Human Rights, the Treaties of the European Union, or of Romanian law, except to the extent that these violations have a counterpart in the European Convention.

Cases in which a request to the ECHR can be made Mainly, the cases in which a request can be made are provided by Art. 34 and 35 of the Convention. They show:

ARTICLE 34. Individual applications.

"The Court may be notified, through a request, by any natural person, non-governmental organization or group of individuals who claim to be victims of a violation by one of the High Contracting Parties of the rights recognized in the Convention or in its Protocols. The High Contracting Party undertakes not to prevent by any measure the effective exercise of this right."

ARTICLE 35. Admissibility conditions.

1. The Court can only be referred to after the exhaustion of domestic appeals, as understood from the generally recognized principles of international law, and within a period of 6 months starting from the date of the final domestic decision.

2. The Court does not retain any individual request brought under Article 34, if:
a. she is anonymous; or
b. it is essentially the same as a request previously examined by the Court or already submitted to another international investigative or regulatory court and if it does not contain new facts.

3. The Court shall declare inadmissible any individual application brought under Article 34, when it considers that:
a. it is incompatible with the provisions of the Convention or its Protocols, manifestly unfounded or abusive; or
b. the plaintiff did not suffer any significant damage, except in the case where the observance of the rights 22 23

How to make a request to the ECHR

First of all, in order to be within the 6-month period shown by Art. 35, requests can be sent exclusively by post, to the following address:
The Registrar
European Court of Human Rights
Council of Europe
F-67075 Strasbourg cedex

The date on which the application is considered as entered will be the date on which the application is sent to the Court, taking into account the date of postal transmission. However, when the elements of the case justify it, the ECtHR may consider another date for the introduction of the application.

It is extremely important to comply with all the requirements of the ECHR for the drafting and design of an application, otherwise the Court may refuse to hear it. Mainly, the requirements are shown by Article 47 of the Court Regulation.

We recommend, in advance, that you visit the portal of the European Court, which has the address: http://www.echr.coe.int/Pages/home.aspx?p=home

Regarding the completion of the ECHR application, you will have to use the official form made available to you by the Court. You can find it under the name "Application form" and download it from the Court's website - the applicants section.

You can find us at the email: [email protected], tel: +33 685435842