EAN COURT OF HUM
THE ECHR
IN 50
QUESTIONS
European
Court
of Human
Rights
ENG
The ECHR
in 50 questions
3
FAQ
European Court of Human Rights:The ECHR in 50 questions
This document has been prepared by the Public Relations Unit of the Court and does
not bind the Court. It is intended to provide basic general information about the way the
Court works.
For more detailed information, please refer to documents issued by the Registry available
on the Court’s website www.echr.coe.int.
The European Convention
on Human Rights
1 When was the Convention
adopted?
The Convention for the Protection of
Human Rights and Fundamental Freedoms,
better known as the“European Convention
on Human Rights”,was opened for signature
in Rome on 4 November 1950; it entered
into force on 3 September 1953.
The Convention gave effect to certain of the
rights stated in the Universal Declaration
of Human Rights and established an
international judicial organ with jurisdiction
to find against States that do not fulfil their
undertakings.
2 What is a protocol
to the Convention?
A protocol to the Convention is a text
which adds one or more rights to the
original Convention or amends certain of
its provisions.
Protocols which add rights to the
Convention are binding only on those
States that have signed and ratified them;
a State that has merely signed a protocol
without ratifying it will not be bound by its
provisions.
To date, 16 additional protocols have been
adopted.
3 Which rights are protected
by the Convention?
States that have ratified the Convention,also
known as “States Parties”, have undertaken
to secure and guarantee to everyone within
their jurisdiction, not only their nationals,
the fundamental civil and political rights
defined in the Convention.
The rights and freedoms secured by the
Convention include the right to life, the
right to a fair hearing, the right to respect
for private and family life, freedom of
expression,freedom of thought,conscience
and religion and the protection of property.
The Convention prohibits, in particular,
torture and inhuman or degrading treatment
or punishment, forced labour, arbitrary and
unlawful detention, and discrimination in
the enjoyment of the rights and freedoms
secured by the Convention.
4 Does the Convention evolve?
Yes. The Convention evolves especially by
means of the interpretation of its provisions
by the European Court of Human Rights.
Through its case-law the Court has made
the Convention a living instrument; it has
thus extended the rights afforded and has
applied them to situations that were not
foreseeable when the Convention was first
adopted.
The Convention has also evolved as and
when protocols have added new rights: for
example in July 2003, with Protocol No. 13
concerning the abolition of the death penalty
in all circumstances, or in April 2005, with
Protocol No. 12 on non-discrimination.
5 Are domestic courts obliged
to apply the Convention?
The Convention is applicable at national
level. It has been incorporated into the
legislation of the States Parties, which have
undertaken to protect the rights defined in
the Convention.Domestic courts therefore
have to apply the Convention. Otherwise,
the European Court of Human Rights
5
FAQ FAQ
European Court of Human Rights:The ECHR in 50 questions European Court of Human Rights:The ECHR in 50 questions4
would find against the State in the event of
complaints by individuals about failure to
protect their rights.
The European Court
of Human Rights (ECHR)
6 What is the Court’s
composition?
The number of judges on the Court is the
same as that of the States Parties to the
Convention (47 at present).
7 How are the Court’s judges
elected?
The judges are elected by the Parliamentary
Assembly of the Council of Europe from lists
of three candidates proposed by each State.
They are elected for a non-renewable term
of nine years.
8 Are the judges really
independent?
Although judges are elected in respect of a
State, they hear cases as individuals and do
not represent that State. They are totally
independent and cannot engage in any
activity that would be incompatible with
their duty of independence and impartiality.
9 Do judges sit in cases
concerning their own country?
“National judges” cannot sit in a single-judge
formation.In exceptional cases,they may be
invited to sit in a Committee. However, the
composition of the Court always includes
the“national judge” when it hears cases as a
seven-judge Chamber or a seventeen-judge
Grand Chamber.
10 What is the Registry
and how is it run?
The Registry is the body of staff that provides
the Court with legal and administrative
support in its judicial work. It is made up of
lawyers, administrative and technical staff
and translators.
11 What is the Court’s budget?
The Court’s expenditure is borne by the
Council of Europe,whose budget is financed
by contributions from member States in
accordance with scales based on population
and GDP.
The budget covers the salaries of judges and
staff and the various overheads (IT, official
travel, translation, interpreting, publications,
representational expenses, legal aid, factfinding
missions, etc.).
12 Can the Court’s composition
vary from one case to another?
Yes, cases are heard by one of four main
formations.
Manifestly inadmissible applications are
examined by a single judge. A three-judge
Committee may rule by a unanimous vote
on the admissibility and merits of cases that
are already covered by well-established
case-law of the Court. An application may
also be assigned to a seven-judge Chamber
which rules by a majority vote,mostly on the
admissibility and merits of a case.
Exceptionally, the Grand Chamber of
17 judges hears cases referred to it either
after relinquishment of jurisdiction by a
Chamber or when a request for referral
has been accepted.
13 What is the difference between
a Chamber and a Section?
A Section is an administrative entity and a
Chamber is a judicial formation of the Court
within a given Section.
The Court has five Sections in which
Chambers are formed. Each Section has a
President,aVice-President and a number of
other judges.
14 How are Chambers and Grand
Chambers formed?
A Chamber is composed of the President of
the Section to which the case was assigned,
the “national judge” (the judge elected
in respect of the State against which the
application was lodged) and five other
judges designated by the Section President
in rotation.
The Grand Chamber is made up of the
Court’s President and Vice-Presidents, the
Section Presidents and the national judge,
together with other judges selected by
drawing of lots. When it hears a case on
referral, it does not include any judges who
previously sat in the Chamber which first
examined the case.
15 When does the Grand Chamber
hear a case?
The initiation of proceedings before the
Grand Chamber takes two different forms:
referral and relinquishment.
After a Chamber judgment has been
delivered, the parties may request referral
of the case to the Grand Chamber and such
requests are accepted on an exceptional
basis. A panel of judges of the Grand
Chamber decides whether or not the case
should be referred to the Grand Chamber
for fresh consideration.
Cases are also sent to the Grand Chamber
when relinquished by a Chamber, although
this is also exceptional. The Chamber to
which a case is assigned can relinquish it
to the Grand Chamber if the case raises a
serious question affecting the interpretation
of the Convention or if there is a risk of
inconsistency with a previous judgment of
the Court.
16 Can a judge refuse to sit
in a case?
Yes.Judges are in fact obliged to refrain from
taking part in the consideration of a case
when they have previously acted in that case
in any capacity.This is called withdrawal.They
are replaced in the proceedings by another
judge and an ad hoc judge is appointed if it
is the national judge who withdraws.
17 What is an ad hoc judge?
An ad hoc judge is appointed by the
government concerned when the national
judge does not sit in the case because of
inability, withdrawal or exemption.
18 What is the scope
of the Court’s jurisdiction?
The Court cannot take up cases of its own
motion.It has jurisdiction to hear allegations
of violations of the European Convention
on Human Rights and does so on receiving
individual or inter-State applications.
7
FAQ FAQ
European Court of Human Rights:The ECHR in 50 questions European Court of Human Rights:The ECHR in 50 questions6
Proceedings before
the Court
19
Who can bring a case
to the Court?
The Convention makes a distinction
between two types of application:individual
applications lodged by any person, group
of individuals, company or NGO having a
complaint about a violation of their rights,
and inter-State applications brought by one
State against another.
Since the Court was established, almost all
applications have been lodged by individuals
who have brought their cases directly to the
Court alleging one or more violations of the
Convention.
20 Who are cases brought against?
Cases can only be brought against one
or more States that have ratified the
Convention. Any applications against third
States or individuals, for example, will be
declared inadmissible.
21 How are cases brought before the
Court?
Cases can be brought directly by individuals
and the assistance of a lawyer is not
necessary at the start of the proceedings.
It is sufficient to send the Court a duly
completed application form with the
requisite documents. However, the
registration of an application by the Court
is no guarantee that it will be admissible or
successful on the merits.
The Convention system provides for“easy”
access to the Court, enabling any individual
to bring a case even if he or she lives in
a remote region of a member State or is
penniless. With this in mind, there are no
fees for proceedings before the Court.
22
What is the difference between
an individual application and
an inter-State application?
Most applications before the Court are
individual applications lodged by private
persons. A State may also lodge an
application against another State Party to
the Convention; this is called an inter-State
application.
23
Is it necessary to be
represented by a lawyer in
proceedings before the Court?
Legal representation is not indispensable
at the start of proceedings; anyone can
bring a case before the Court directly.The
assistance of a lawyer becomes necessary,
however,once the Court has given notice of
the case to the respondent Government for
their observations.Legal aid may be granted
to applicants,if necessary,from that stage in
the proceedings.
24 Who is entitled to make legal
submissions to the Court?
There is no list of authorised lawyers for the
written or oral submissions to the Court.
An applicant may be represented by anyone
who is a lawyer qualified to practise in one
of the States Parties to the Convention, or
who has been so authorised by the President
of the Chamber.
25
What are the different stages of
the proceedings before
the Court?
There are two main stages in the
consideration of cases brought before the
Court:the admissibility stage and the merits
stage (i.e.the examination of the complaints).
The processing of an application also goes
through different phases.
A single-judge formation will declare an
application inadmissible where inadmissibility
is clear from the outset;its decisions cannot
be appealed against.
A Committee will give a final decision or
judgment in a case which is covered by wellestablished
case-law of the Court.
A Chamber will give notice of the case
to the respondent Government for their
observations. Written observations are
submitted by both parties. The Court
then decides if it is appropriate to hold a
public hearing in the case, but this remains
exceptional in relation to the number
of applications examined. Ultimately, the
Chamber delivers a judgment that will
become final only after the expiry of a threemonth
period during which the applicant
or Government may request the referral of
the case to the Grand Chamber for fresh
consideration.
If the request for referral is accepted by the
panel of the Grand Chamber, the case will
be reconsidered and a public hearing will
be held if necessary. The Grand Chamber
judgment will be final.
26 What are the conditions
of admissibility?
Applications must meet certain requirements
if they are to be declared admissible by the
Court; otherwise the complaints will not
even be examined.
Cases can only be brought to the Court after
domestic remedies have been exhausted;
in other words, individuals complaining of
violations of their rights must first have
taken their case through the courts of
the country concerned, up to the highest
possible level of jurisdiction. In this way the
State itself is first given an opportunity to
provide redress for the alleged violation at
national level.
An applicant’s allegations must concern
one or more of the rights defined in the
Convention. The Court cannot examine
complaints concerning violations of any
other rights.
Applications must also be lodged with the
Court within six months following the
last judicial decision in the case, which will
usually be a judgment by the highest court
in the country concerned.
The applicant must be,personally and directly,
a victim of a violation of the Convention,and
must have suffered a significant disadvantage.
It should not be forgotten, of course, that
applications can only be lodged against
one or more of the States Parties to the
Convention,and not against any other State
or against an individual.
9
FAQ FAQ
European Court of Human Rights:The ECHR in 50 questions European Court of Human Rights:The ECHR in 50 questions8
27 Are NGOs or States allowed
to take part in proceedings?
Yes, both NGOs and States can lodge
applications. They may also be authorised
by the President of the Court to intervene
in proceedings as third parties.
28 What is a third-party
intervener?
The President of the Court may authorise
any person other than the applicant, or
another State Party to the Convention other
than that against which the application has
been lodged,to intervene in the proceedings.
This is called third-party intervention.The
person or State in question is entitled to file
pleadings and take part in public hearings.
29
Can the Court appoint experts
or take evidence from
witnesses?
Yes. Exceptionally, the Court may decide to
take investigative measures and to travel
to certain countries in order to clarify
the facts of a given case. The delegation
from the Court may then take evidence
from witnesses and carry out an on-site
investigation.
The Court occasionally appoints experts,for
example when it requests expert doctors to
examine applicants in prison.
30 Does the Court hold public
hearings?
The Court basically has a written procedure
but occasionally decides to hold public
hearings in specific cases.
Hearings take place in the Human Rights
Building in Strasbourg.They are public unless
otherwise decided by the President of the
Chamber or Grand Chamber, as the case
may be.The press and the public are thus
usually authorised to attend; they just need
to show their press or identity card at the
reception.
All hearings are filmed and broadcast on the
Court’s website on the day itself, from 2.30
p.m. (local time).
31 What are preliminary
objections?
Preliminary objections are arguments
submitted by the respondent Government
in support of their claim that the case should
not be examined on the merits.
32 What is a friendly settlement?
A friendly settlement is an agreement
between the parties to put an end to
proceedings initiated by an application.
When the parties concerned agree to settle
their dispute in this way, the outcome is
usually that the State pays the applicant a
sum of money. After examining the terms
of the friendly settlement, and unless it
considers that respect for human rights
requires continuation, the Court will strike
out the application.
The Court always encourages parties
to negotiate a friendly settlement. If no
agreement is reached the Court will proceed
to examine the merits of the application.
33 Can the Court order interim
measures?
When the Court receives an application it
may decide that a State should take certain
measures provisionally while it continues its
examination of the case.This usually consists
of requesting a State to refrain from doing
something,such as not returning individuals
to countries where it is alleged that they
would face death or torture.
34
Are deliberations open to the
public?
No, the Court’s deliberations are always
secret.
35 Have States ever refused
to cooperate with the Court?
There have been cases where States have
omitted or even refused to provide the
Court with the information and documents
required for its examination of an application.
In such cases the Court may find against the
State under Article 38 of the Convention
(obliging States to furnish all the necessary
facilities to the Court).
36 How long do proceedings
before the Court usually last?
It is impossible to indicate the length of
proceedings before the Court.
The Court endeavours to deal with cases
within three years after they are brought,
but the examination of some cases can take
longer and some can be processed more
rapidly.
The length of the proceedings before the
Court obviously varies depending on the
case, the formation to which it is assigned,
the diligence of the parties in providing the
Court with information and many other
factors, such as the holding of a hearing or
referral to the Grand Chamber.
Some applications may be classified as urgent
and handled on a priority basis,especially in
cases where the applicant is alleged to be
facing an imminent threat of physical harm.
The Court’s decisions
and judgments
37 What is the difference between
a decision and a judgment?
A decision is usually given by a single judge,
a Committee or a Chamber of the Court.
It concerns only admissibility and not the
merits of the case. Normally, a Chamber
examines the admissibility and merits of
an application at the same time; it will then
deliver a judgment.
38 Are States bound by judgments
against them?
Judgments finding violations are binding on
the States concerned and they are obliged to
execute them.The Committee of Ministers
of the Council of Europe monitors the
execution of judgments, particularly to
ensure payment of the amounts awarded by
the Court to the applicants in compensation
for the damage they have sustained.
11
FAQ FAQ
European Court of Human Rights:The ECHR in 50 questions European Court of Human Rights:The ECHR in 50 questions10
39
Can judgments be appealed
against?
Inadmissibility decisions,and also judgments
delivered by Committees or the Grand
Chamber, are final and cannot be appealed
against. However, the parties have three
months following the delivery of a
Chamber judgment to request referral of
the case to the Grand Chamber for fresh
consideration. Requests for referral to the
Grand Chamber are examined by a panel
of judges which decides whether or not
referral is appropriate.
40 How are the Court’s judgments
enforced?
When the Court delivers a judgment finding
a violation, the Court transmits the file to
the Committee of Ministers of the Council
of Europe, which confers with the country
concerned and the department responsible
for the execution of judgments to decide
how the judgment should be executed and
how to prevent similar violations of the
Convention in the future.This will result in
general measures,especially amendments to
legislation, and individual measures where
necessary.
41 What are the consequences of a
judgment finding a violation?
In the event of a violation being found, the
State concerned must be careful to ensure
that no such violations occur again in the
future,otherwise the Court may deliver new
judgments against them. In some cases the
State will have to amend its legislation to
bring it into line with the Convention.
42 What is just satisfaction?
When the Court finds against a State and
observes that the applicant has sustained
damage, it awarded the applicant just
satisfaction, that is to say a sum of money
by way of compensation for that damage.
The Committee of Ministers ensures that
any sum awarded by the Court is actually
paid to the applicant.
43 What is a pilot case?
Over the past few years the Court has
developed a new procedure to cater
for the massive influx of applications
concerning similar issues, also known as
“systemic issues” – i.e.those that arise from
non-conformity of domestic law with the
Convention.
The Court has thus recently been
implementing a procedure that consists of
examining one or more applications of this
kind, whilst its examination of a series of
similar cases is adjourned (in other words,
postponed).When it delivers its judgment
in a pilot case, it calls on the Government
concerned to bring the domestic legislation
into line with the Convention and indicates
the general measures to be taken. It will
then proceed to dispose of the other similar
cases.
44 What is a separate opinion?
Judges may wish to draft an opinion
concerning a case in which they have sat
and their opinions will be appended to
the judgment. In general they explain why
they voted with the majority (concurring
opinion) or, on the contrary, why they
did not agree with the majority of judges
(dissenting opinion).
The Court’s
activity
45 How many cases are brought
before the Court?
The Court has been a victim of its own
success: over 50,000 new applications
are lodged every year. The repercussions
of certain judgments of the Court, on a
regular basis, and the growing recognition
of its work among nationals of the States
Parties, have had a considerable impact on
the number of cases brought every year.
46 What rights do most cases
concern?
In about one half of the judgments finding a
violation since its establishment, the Court
has found a violation of Article 6 of the
Convention, concerning both the fairness
and the length of proceedings.In fact,55% of
the violations found by the Court concern
either Article 6 (right to a fair hearing) or
Article 1 of Protocol No. 1 (protection of
property).Then in about 13% of cases, the
Court has found a serious violation of the
Convention under Articles 2 and 3 of the
Convention (right to life and prohibition
of torture and inhuman or degrading
treatment).
47 Are interim measures really
effective?
Whilst States almost always follow the
Court’s indications concerning interim
measures, it is not unknown for some of
them to fail to act on the Court’s request.
Those States are likely to be found by the
Court to have failed to fulfil their obligations
under Article 34 (right of individual
application).
48 Does the Court deal with any
issues of society?
The Court has, of course, been called upon
to address issues that were not foreseeable
when the Convention was signed in 1950.
Over the past 50 years the Court has ruled
on many issues of society such as:abortionrelated
questions, assisted suicide, stripsearching,
domestic slavery, the right not
to be prevented from tracing one’s origins
by the possibility for mothers to give birth
anonymously, adoption by homosexuals,
the wearing of the Islamic headscarf in
schools and universities, the protection of
journalists’ sources, discrimination against
Roma and environmental concerns.
The Court’s
future
49 What is Protocol No. 14?
Protocol No.14,whose aim is to guarantee
the long-term efficiency of the Court by
optimising the filtering and processing of
applications, provides in particular for new
judicial formations to deal with the simplest
cases,for a new admissibility criterion (that
of“significant disadvantage”) and for judges’
terms of office to be extended to nine years
without the possibility of re-election. This
Protocol entered into force on 1 June 2010.
FAQ
European Court of Human Rights:The ECHR in 50 questions12
50 What are the plans for reform?
Independently of Protocol No. 14, further
reform of the Convention system was
considered necessary and a Group ofWise
Persons, composed of eminent jurists,
reported to the Committee of Ministers in
November 2006. The Group recommended,
among other things, establishing a new
judicial filtering mechanism and elaborating
a Statute concerning certain organisational
elements of the Court’s functioning, which
could thus be amended more flexibly than
the international treaty process required
for the Convention.The Council of Europe
Steering Committee for Human Rights is
examining the different proposals.
February 2014
European Court of Human Rights
Public Relations
Council of Europe
67075 Strasbourg cedex
France
www.echr.coe.int
www.echr.coe.int
EUROPEAN COURT OF HUMAN RIGHTS
COUR EUROPÉENNE DES DROITS DE L'HOMME