COSTS OF AN APPLICATION TO THE EUROPEAN COURT OF HUMAN RIGHTS

Q: What conditions must the application meet?

An application to the ECHR is subject to three basic admissibility conditions: exhaustion of domestic legal remedies (Areios Pagos, Council of State or Court of Audit), compliance with the four-month time limit from the finalisation in writing or service of the final national judgment, and the existence of a significant disadvantage. Failure to meet even one condition leads to rejection as inadmissible.

Q: What documents are required for lodging an application?

All judgments of the Greek courts from the first instance up to the highest court are required, with proofs of service or finalisation in writing, the pleadings filed, administrative acts, evidence of the violation, the official application form accurately completed, and a special power of attorney to the lawyer.

Q: What are the chances of success of an application?

More than 90% of applications are rejected, mainly as inadmissible due to formal deficiencies. The picture changes with a lawyer specialised in the case-law of the ECHR and in the ECHR Convention. The correct selection of the violated articles, the substantiated development of complaints with references to previous judgments and compliance with formal conditions increase the chances of vindication.

Q: Is representation by a lawyer mandatory?

At the initial stage the interested party may apply themselves, without mandatory representation. Once the case is communicated to the respondent State, representation by a lawyer becomes necessary. Our firm undertakes admissibility assessment, drafting of the application form with legal substantiation, monitoring of deadlines, response to the State's observations, and representation in oral hearings.

The procedure before the European Court of Human Rights (ECHR) does not entail any court costs, filing fees, court stamp duty or other charges, save only the lawyer’s fee. The path for lodging an application with the European Court has several stages and is “designed” so that any aggrieved citizen can reach it easily and quickly, even if they live in a remote border area or lack the necessary financial means.

CONDITIONS

For the European Court to take cognisance of a case, the following conditions must be met:

A. DOMESTIC LEGAL REMEDIES MUST HAVE BEEN EXHAUSTED

The applicant must have brought their case before the courts of their country up to the highest level of jurisdiction; in the case of Greece, the case must have reached the Areios Pagos (AP), the Council of State (StE), or the Court of Audit, depending on the nature of the dispute.

B. FOUR MONTHS MUST NOT HAVE ELAPSED

The four-month time limit begins, in principle, either from the date on which the judgment of the highest national court or authority is finalised in writing and registered, or from the date on which it is served on the applicant or their representative. The time limit expires on the last day of the four-month period, even if it falls on a Sunday or a public holiday.

Where no remedy is available for a particular complaint, the four-month period runs from the date of the impugned act, event, or decision.

C. THE APPLICANT MUST HAVE SUFFERED A SIGNIFICANT DISADVANTAGE

If the above conditions are not met, the application will be rejected as inadmissible.

THE COSTS

The procedure before the ECHR does not entail any court costs, filing fees, court stamp duty or other charges, save only the lawyer’s fee. Should the application be rejected, whether as inadmissible or as unfounded, the applicant is not ordered to pay judicial costs. The only expenses are those of correspondence with the Court (registered letters or courier) and, of course, the lawyer’s fee.

REPRESENTATION BEFORE THE EUROPEAN COURT

The interested party may, in principle, lodge an application directly themselves, without the need for representation by a lawyer at the initial stage of the procedure. However, as history has shown — more than 90% of applications reaching the ECHR are rejected — the assistance of a lawyer, particularly one specialised in the relevant field of law, increases the chances of success in obtaining a favourable judgment, which is the very objective for applicants.

EXAMINATION OF THE APPLICATION

An application may follow different paths during its examination by the Court:

The Court may reject the application as inadmissible where this is manifest. This is a particularly critical decision as it is not subject to any legal remedy.
The Court may communicate the case to the respondent State, putting questions to it so that it may submit observations. The applicant has the opportunity to reply to those observations. An oral hearing takes place only in exceptional circumstances. Finally, the Court, after considering the observations of the State and of the interested party, delivers a judgment which becomes final only after the expiry of the three-month period within which the applicant or the Government may request the referral of the case to the Grand Chamber for re-examination. If the referral is accepted by the panel of the Grand Chamber, the case is examined anew, possibly with the holding of an oral hearing. The judgment delivered by the Grand Chamber is final and irrevocable.

DURATION

The duration of this judicial path cannot be predicted in advance. The Court endeavours to examine cases within a period of three years from their introduction. Certain applications may be classified as urgent and examined as a priority.

See also the article European Court after the Areios Pagos
See also the article The European Court and its Judgments
See also the article The Outcomes of an Application to the European Court

FREQUENTLY ASKED QUESTIONS ON THE COSTS OF AN APPLICATION TO THE EUROPEAN COURT

1. What is the cost of an application to the ECHR?

The procedure before the European Court of Human Rights does not carry any court costs, filing fees, court stamp duty or other charges. The only fixed cost is the fee of the lawyer who undertakes to draft and support the application, together with the costs of correspondence with the Court via registered letters or courier. Should the application be rejected, whether as inadmissible or as unfounded, the applicant is not ordered to pay judicial costs in favour of the respondent State. It is one of the most financially accessible international legal remedies, designed so that any aggrieved citizen can reach it regardless of their financial situation.

2. What conditions must the application meet?

An application to the European Court is subject to three basic admissibility conditions. First, domestic legal remedies must have been exhausted, meaning that the case must have reached the highest national level of jurisdiction (Areios Pagos, Council of State or Court of Audit, depending on the nature of the dispute). Second, the four-month time limit from the finalisation in writing or service of the final national judgment must not have elapsed. Third, the applicant must have suffered a significant disadvantage from the violation of their rights. The failure to meet even one of these conditions leads to the application being rejected as inadmissible, without examination of the merits.

3. How long does it take for an application to be heard?

There is no fixed duration for the hearing of an application before the ECHR, as it depends on the Court’s caseload, the complexity of the case and the procedural path it follows. As a rule, the Court endeavours to examine cases within a period of three years from their introduction. Certain applications concerning serious violations of fundamental rights may be classified as urgent and examined as a priority. If the case is referred to the Grand Chamber for re-examination, the overall duration is further extended, as there is an additional three-month period for requesting referral after the initial judgment.

4. What documents are required for lodging an application?

For lodging an application, all judgments of the Greek courts issued in the case are required, from the first instance up to the final judgment of the highest court, together with proofs of service or finalisation in writing. The pleadings filed before the national courts, any administrative acts relating to the case, as well as any evidence substantiating the violation of articles of the European Convention on Human Rights, are also required. Essential documents include the official application form of the Court, accurately completed, as well as a special power of attorney to the lawyer who will undertake the representation.

5. What are the chances of success of an application?

Statistical data show that more than 90% of applications reaching the ECHR are rejected, the vast majority as inadmissible due to formal deficiencies or insufficient legal substantiation. This picture changes significantly when the application is drafted by a lawyer specialised in the case-law of the Strasbourg Court and in the European Convention on Human Rights. The correct selection of the articles that have been violated, the well-substantiated development of the complaints with references to previous judgments of the Court, and compliance with all formal conditions substantially increase the chances of admissibility and final vindication.

6. Is representation by a lawyer mandatory?

At the initial stage of lodging the application, the interested party may apply directly themselves, without mandatory representation by a lawyer. However, once the case is communicated to the respondent State and the exchange of observations begins, representation by a lawyer becomes necessary. Given the high rate of rejection of applications, the assistance of an experienced lawyer from the outset of the procedure proves crucial. Our firm undertakes the assessment of the case as to admissibility, the drafting of the application form with legal substantiation, the monitoring of all deadlines, the response to the State’s observations, and representation in any oral hearing.