Step-by-Step Guide to the ECtHR Application Process
Applications submitted to the European Court of Human Rights are subject to a thorough examination process.
During this process, the admissibility of the application, the manner in which it is examined, and its possible outcome are determined entirely in accordance with the procedures established by the Court.
Judicial Formations of the Court
Once the Court has all the information necessary to examine the application, it assigns the case to one of the following judicial formations, depending on its nature.
a) Single Judge
If your application is manifestly inadmissible, it will be examined by a Single Judge.
The Single Judge may declare the application inadmissible by a final decision. There is no right of appeal against such a decision.
The case file is then closed and will eventually be destroyed.
b) Three-Judge Committee
If your application concerns an issue that has already been decided in similar cases by the Court (a repetitive case), it will be examined by a Committee composed of three judges.
You will receive a procedural letter informing you that your case has been assigned to a Committee.
The Court will contact you if any further information is required.
c) Chamber of Seven Judges
If your application is not considered repetitive, it will be examined by a Chamber.
The Chamber may either declare the application inadmissible or proceed to examine its merits.
Before examining the merits, the Court communicates the application to the respondent Government. The Government's written observations are subsequently transmitted to the applicant, who is given the opportunity to submit written observations in reply.
At this stage, the Court may require the applicant to be represented by a lawyer and will inform the applicant accordingly.
d) Grand Chamber (17 Judges)
No application is examined directly by the Grand Chamber.
However, a Chamber may relinquish jurisdiction in favour of the Grand Chamber if the case raises a serious question affecting the interpretation of the Convention or where there is a risk of inconsistency with previous case-law.
In addition, either party may, within three months of the delivery of a Chamber judgment, request that the case be referred to the Grand Chamber.
Such requests are accepted only in exceptional circumstances.
Judgments of the Grand Chamber are final and cannot be appealed.
Duration of the Proceedings
The time required for the Court to examine an application varies from case to case.
The duration depends on several factors, including:
- the nature and complexity of the case;
- the judicial formation to which the application has been assigned (Single Judge, Committee, or Chamber);
- how promptly the parties provide the requested information; and
- the priority assigned to the case.
The Court examines cases according to its priority policy.
Applications involving particularly serious human rights violations or raising important systemic issues are given priority.
For this reason, an application lodged after yours may be decided before your own case.
Hearings
The Court holds approximately thirty hearings each year.
Hearings take place only before a Chamber or the Grand Chamber.
If the Court decides to hold a hearing in your case, you will be informed in writing.
All hearings are recorded and published on the Court's official website.
END OF THE PROCEEDINGS
Rejection of the Application
a) Destruction of the Case File
If the Court contacts the applicant and receives no reply, or if no response is submitted within the prescribed time limit, the Court may conclude that the applicant no longer wishes to pursue the application.
In such circumstances, the proceedings are terminated and the case file is eventually destroyed.
The decision is final and cannot be challenged.
b) Striking the Application Out of the List
At later stages of the proceedings, the Court may strike an application out of its list if the applicant fails to respond to the Court’s requests within the prescribed time limits.
A case may also be struck out following a friendly settlement or a unilateral declaration by the respondent Government.
It is therefore essential that applicants respond promptly to all correspondence from the Court; otherwise, the Court may conclude that they no longer intend to pursue the case.
c) Decision Declaring the Application Inadmissible
If any of the admissibility requirements established by the Convention are not satisfied, the application will be declared inadmissible.
Such a decision is final, and the same complaint cannot be submitted again.
Judgment
Once an application has been declared admissible, the Court:
- determines whether the Convention has been violated;
- may award just satisfaction if a violation is found; and
- cannot quash, amend, or replace decisions of the domestic courts.
Judgments delivered by a Committee are final and cannot be appealed.
Judgments delivered by a Chamber become final after three months.
During that period, either party may request that the case be referred to the Grand Chamber.
Such requests are granted only in exceptional cases.
Judgments delivered by the Grand Chamber are final and not subject to appeal.
Once a judgment finding a violation becomes final, the case is transmitted to the Committee of Ministers of the Council of Europe.
The Committee of Ministers is responsible for supervising the execution of the Court’s judgments.
At that stage, the proceedings before the Court are concluded.
Conclusion
Strict compliance with the admissibility requirements is essential when applying to the European Court of Human Rights.
Where these requirements are not satisfied, the Court is obliged to reject the application without examining the merits of the complaints.
A decision declaring an application inadmissible is final, and the same complaint cannot be submitted to the Court again.
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