European Court of Human Rights (ECtHR)

He european court human rights It is the body destined to judge possible violations of recognized rights. These will depend on the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The rights are recognized by the States Parties to the Convention. The guaranteed rights are enumerated in said Convention and in Protocols 1, 4, 6, 7, 12 and 13.

He european court human rights It is a supranational body for the protection of human rights. It can only hear cases in which the national courts of the Member States have not protected.

The international instance of the European Court of Human Rights

Natural or legal persons who consider themselves victims of a violation of any of the Human rights. The defendant will be the State signatory to the Convention. 

Are you looking for a lawyer specialized in Criminal Law?

we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.

The Convention establishes certain requirements so that each claim to be admitted for processing. These requirements are important, the 95% of the claims filed in this court are not authorized to be processed. 

He European Convention for the Protection of Human Rights and Fundamental Freedoms, which entered into force in 1950. It is the main treaty controlled by the Court of Justice. 

Law firm

It establishes the civil and political rights and liberties that the European states want to guarantee to the citizens under their jurisdiction. Complements the Europe Social Chartera, which guarantees civil and political rights.

He Court of Justice of the European Communities It is part of the Council of Europe. The decisions of the Court will be binding on all members of the Council of Europe. 

He european court human rights issues opinions against member states of the Council of Europe. For alleged violations of European human rights treaties, where individuals and other Member States can complain. 

He european court human rights it will deal with cases where people have not received adequate compensation. For violating some of their rights in the courts of their country or for not having had access to national justice. 

Training established in the European Court of Human Rights

He Committee of Ministers, is the decision-making institution of the Council formed in Europe. It is made up of the ministers in charge of Foreign Affairs of the member countries.

 It is responsible for monitoring compliance with the opinions of the courts. He european court human rights it has an advisory role, allowing it to issue advisory opinions.

These can be obtained from the Committee of Ministers of the Council of Europe and delve into an article or aspect. Which will be specific with the aim of involving a convention to interpret its meaning. 

so that the european court human rights review your application, you must meet certain criteria. These are established in the laws that structure its proper functioning. 

Must have been the victim of a violation of one or more articles of the Convention. It means that you are the direct victim of the infringement that violates your fundamental rights. Sometimes it is enough to show that you may have been affected by the violation of any of the articles.

It is considered to belong to a group of people who could be affected by it. 

You should try all means to find a solution in your country before going to court European human rights. 

Any complaint filed with the Tribunal must be filed within six months of the conclusion of any Legal procedure. Which may have been carried out in the country and have resulted in compensation.

It includes a period of six months in the absence of said procedure after the event that led to the application. To obtain an application form from the Justice Court.

A letter is required to be sent to european court human rights, Council of Europe 67075, in Strasbourg, Cedex, established in France. 

Process to avoid the concurrence of the infringement before the European Court of Human Rights

If the violation continues to have an adverse effect after the complainant has received compensation, it is notified. He Committee of Ministers may request the national authorities to take specific measures to put an end to these effects.

 These measures apply directly to the persons concerned and may include the granting of refugee status. These parameters they add citizenship or a ban on a certain group that incites hate. 

If he european court human rights grants compensation the Committee of Ministers may request certain measures. Which will affect the State to prevent possible similar violations in the future. 

This applies to everyone in this country and may include measures to change the law.

He european court human rights it has a number of judges similar to that of the Contracting States. They are directly elected by the Parliamentary Assembly that is part of the Council of Europe. 

The structure is divided into five sections and each judge is assigned a room for a period of three years. Each room has another structure consisting of seven judges and a committee of three judges. 

Most of the sentences are carried out in the courtroom. european court human rights. The commissions are responsible for resolving manifestly inadmissible cases. 

Commissions that make up the European Court of Human Rights

Commissions only deal with individual complaints, not cases intergovernmental. If a unanimous decision is not reached, the case will be referred to the Grand Chamber, made up of seventeen judges.

In this instance are the president, the vice-president and the section presidents. The Grand Chamber deals with cases in which difficulties arise in the interpretation or application of the Agreement

Each party has the possibility to request that the case be referred to the Great Hall. Only if it is within the three months following the issuance of the sentence. 

The Grand Chamber resembles a court of appeals, so the decisions of the Grand Chamber are final. 

In recent years, the European system for the protection of human rights has faced a number of challenges. This system has been overburdened by the notable increase in the membership of the Council of Europe.

With an increase in cases of European Court Human Rights, given the generalization of the complaints presented. This is brought about by the development of human rights standards and increased awareness.