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Area 03
European law and the ECHR
Once domestic remedies have been exhausted, the European Court of Human Rights can find a violation of your fundamental rights. An application must be prepared methodically: the vast majority are declared inadmissible.
Knowing the Court from the inside
I worked for four years as an assistant lawyer at the Registry of the European Court of Human Rights, where I examined the admissibility of applications. I then represented applicants before the Court, including at a Grand Chamber hearing, and before the United Nations Human Rights Committee.
How I can help
- Admissibility analysis: exhaustion of domestic remedies, time limit, right relied on, significant disadvantage.
- Drafting the application: official form, statement of facts and complaints, supporting documents.
- Interim measures: urgent request to the Court where there is an imminent risk of irreparable harm, in particular before an expulsion.
- Proceedings before the Court: observations in reply to the Government, just satisfaction, friendly settlement.
- UN Human Rights Committee: individual communications under the International Covenant on Civil and Political Rights.
- Execution of judgments: follow-up before the Committee of Ministers of the Council of Europe, requests for re-examination under domestic law.
The application must be lodged within four months of the final domestic decision. This time limit is strict: seek advice as soon as the last national decision is delivered.
How the process works
- Preliminary reviewAnalysis of the national decisions and of the prospects of admissibility, with complete candour.
- Preparing the applicationDrafting the complaints in the light of the Court’s case law, gathering the documents.
- Written procedureExchange of observations with the respondent Government, if the application is communicated to it.
- Judgment and executionFollow-up of the execution of the judgment and of re-examination procedures under domestic law.
Frequently asked questions
What is the time limit for applying to the European Court of Human Rights?
Four months from the final domestic decision. This time limit, reduced from six to four months on 1 February 2022, is strictly applied.
Do I have to exhaust all remedies in France first?
In principle, yes: the Court only steps in after the national courts, and the complaint must have been raised before them. There are exceptions where the domestic remedy is not effective.
Is a lawyer mandatory before the Court?
Not to lodge the application. But if it is communicated to the Government, representation by a lawyer becomes mandatory in principle. A well-constructed application from the start significantly improves its chances of being examined on the merits.
Can an application still be brought against Russia?
Russia ceased to be a party to the Convention on 16 September 2022. The Court remains competent for facts that occurred before that date.
Can the Court act urgently?
Yes, through interim measures, where there is an imminent risk of irreparable harm, for example an expulsion to a country where the person faces torture or inhuman treatment.