Application to the European Court of Human Rights (ECHR): Final Vindication in Strasbourg

When the domestic legal order fails to protect your fundamental rights, the European Court of Human Rights (ECHR) stands as the only bulwark against arbitrariness. An application to Strasbourg is not a simple petition; it is an extremely demanding procedure in which the slightest formal omission leads to rejection.

At ZIAMPARAS & ASSOCIATES Law Firm, we combine a deep grounding in the Philosophy of Law with engineering precision to ensure that your voice is heard at the European level.

Our Specialisation Before the ECHR

Drafting an application requires more than legal knowledge. It requires the ability to “translate” a Greek injustice into universal legal values.

• Right to a Fair Trial (Article 6 ECHR): We specialise in cases where the Greek judiciary has been biased, excessively slow, or has breached the presumption of innocence.

• Protection of Property: Asserting rights in cases of unlawful expropriation or State interference with your property.

• Technical Excellence: As lawyers and former Computer Engineers, we treat the “Application Form” as a strict protocol. Our obsession with detail minimises the risk of rejection on grounds of the Court’s exceptionally rigorous “admissibility” test.

Conditions for Filing an Application

In order to proceed to Strasbourg, two basic criteria must be satisfied:

1. Exhaustion of Domestic Remedies: You must have obtained a final and irrevocable judgment from the highest national court (Areios Pagos or the Council of State).

2. The 4-Month Time Limit: The application must be lodged strictly within 4 months of the publication of the last domestic judgment. Time, here, is your greatest enemy.

“Strasbourg does not examine whether the court applied the law correctly, but whether the State respected your dignity and your right to a fair trial. It is a moral and a legal battle combined.”

Begin the Procedure Today

Each passing day brings you closer to the expiry of this strict deadline. Entrust your case to a lawyer who understands both the philosophical foundations of human rights and the technical complexity of European procedures.

In greater detail:

What is the European Court of Human Rights?

The European Court of Human Rights (ECHR) is the judicial body of the Council of Europe which examines, upon the lodging of individual applications, violations of the European Convention on Human Rights (ECHR Convention) by the Contracting States.

Of the tens of thousands of applications lodged each year before the European Court of Human Rights (ECHR), only a very small percentage (approximately 5%) succeed in passing the admissibility stage and result in a judgment on the merits. In view of this — and bearing in mind that the procedure before the ECHR is, as a rule, written (oral hearings being held only in exceptional cases) — it follows that the proper drafting and lodging of the application plays the most decisive role in the course of the case before the Court.

Although legal representation by a lawyer is not mandatory at the moment of lodging the application, an application filed by a non-lawyer has virtually no chance of passing the admissibility stage. Conversely, applications which do pass the admissibility stage result, in the majority of cases, in vindication of the applicant on the merits.

Who has the right to lodge an application before the European Court of Human Rights?

Pursuant to Article 34 of the European Convention on Human Rights (ECHR Convention), the Court may receive applications from any natural person, non-governmental organisation or group of individuals claiming to be the victim of a violation, by a Contracting State, of the rights set forth in the Convention or its Protocols.

Can interim measures be sought before the European Court of Human Rights?

Pursuant to Article 39 of the Rules of Court, interim measures may be ordered, at the request of a party or of any other person concerned or of the Court’s own motion, in the interests of the parties or of the proper conduct of the proceedings.

What are the admissibility conditions for an application to the European Court of Human Rights?

Pursuant to Article 35 of the Convention, the Court may only deal with an application after all domestic remedies have been exhausted and within a period of six (6) months from the date on which the final decision was taken. Anonymous applications are not examined (although the applicant may request that his or her identity not be disclosed), nor are applications substantially the same as matters previously examined by the Court or already submitted to another international tribunal (e.g. the Human Rights Committee of the International Covenant on Civil and Political Rights). An application is declared inadmissible where it is incompatible with the provisions of the Convention or its Protocols, manifestly ill-founded or abusive, or where the applicant has not suffered a significant disadvantage.

According to the 2015 statistics (facts about admissibility), of the 45,576 applications adjudicated by the Court:
(a) 36,740 (81%) were rejected as inadmissible;
(b) 6,395 (14%) were struck out of the list; and
(c) only 2,441 (5%) resulted in a judgment on the merits.

More specifically, of the applications rejected as inadmissible:
(a) 57% were rejected as manifestly ill-founded;
(b) 14% were rejected for failure to exhaust domestic remedies;
(c) 11% were rejected as out of time;
(d) 10% were rejected because they amounted to an appeal against decisions of the national courts; and
(e) 8% were rejected as incompatible with the provisions of the Convention.

What does Exhaustion of Domestic Remedies mean for an application to the European Court of Human Rights?

Before lodging an application before the ECHR, every available and effective domestic remedy must have been exhausted, with the alleged violations of ECHR Convention rights having been raised (at least at the final instance) — at least in substance, even without express invocation of the relevant Convention articles.

It is not necessary to exhaust domestic remedies where doing so would be futile or ineffective (for example, where there is an established practice of repeated acts contrary to the Convention).

When does the four (4) month time limit for an application to the European Court of Human Rights start to run?

Since 1 February 2022, the time limit for lodging an application before the European Court of Human Rights is four months from the final and irrevocable domestic judicial decision in a case, which is usually the decision rendered by the Supreme Court of the country concerned.

The 4-month period starts to run from the day after that on which the person concerned was able to obtain sufficient knowledge of the final decision:
(a) where service is provided for, from the day after service;
(b) where no service is provided for, from the day after that on which it was possible to take cognisance of its contents (for example, in the case of the Greek supreme courts, the date on which the decision is filed in the registry and a certified copy may be issued is taken into account).

Where no effective domestic remedies are available to be exhausted, the six-month period runs from the date of the impugned acts or measures, or from the date on which the person concerned takes cognisance of them or suffers the corresponding harm.

Pursuant to Rule 47 of the Rules of Court of the ECHR, the date of lodging of the application is deemed to be the date on which a fully completed application form is sent to the Court (postmark date).

Note: The above-mentioned six-month period was reduced to four months upon the entry into force of Protocol No. 15 to the Convention.

What does Violation of an ECHR Convention right mean in an application to the European Court of Human Rights?

The subject matter of the application can only be a violation of rights enshrined in the ECHR Convention and its Protocols; not violations of national rules (substantive or procedural) or other international legal instruments.

As regards the content and scope of the protection of rights under the ECHR Convention, it is helpful, before drafting the application, to research and study the relevant case-law of the Court in its database: http://hudoc.echr.coe.int.

What does Significant Disadvantage of the applicant mean in an application to the European Court of Human Rights?

The applicant need not be a national of a Contracting State to the Convention; it suffices that the alleged violation be attributable to an organ (legislative, administrative or judicial) of such a State.

The applicant must either be directly affected by the impugned measure (direct victim) or lodge the application as a relative of a disappeared or deceased person, raising complaints concerning that person’s death or disappearance (indirect victim).

Victim status may also be recognised where it cannot be proved that the impugned legislation was applied to the applicant’s own case owing to the secret nature of the measures, or where it is reasonably and convincingly demonstrated that there is a risk of its being applied (potential victim).

By Protocol No. 14, a finding of significant disadvantage to the applicant has been added as a further condition of admissibility, save where respect for human rights requires examination of the application or where the case has not been duly considered by a domestic tribunal.

A “significant disadvantage” exists where the violation of the right reaches a minimum level of seriousness and is not purely technical or of minor importance, taking into account both the applicant’s subjective perception and the objective stakes of the case.

An insignificant disadvantage may be found where the financial impact of the violation amounts to a sum less than or equal to five hundred euros.

• See also article European Court and Judgments
• See also article Outcomes of an Application to the European Court
• See also article The Costs of an Application to the European Court

FREQUENTLY ASKED QUESTIONS ON THE EUROPEAN COURT AFTER AREIOS PAGOS

1. When can I apply to the ECHR after Areios Pagos?

An application to the European Court of Human Rights is permissible only after domestic remedies have been exhausted, that is, once a final and irrevocable judgment has been delivered by the highest national court (Areios Pagos or the Council of State). It is a necessary precondition that the applicant has raised the alleged violations of ECHR Convention rights, at least in substance, before the Greek courts.

The time limit is strictly four (4) months from the moment the person concerned was able to obtain sufficient knowledge of the judgment — usually from the date of its filing in the court’s registry. If the deadline lapses by even a single day, the application is rejected as out of time.

2. What violations can I invoke in Strasbourg?

The subject matter of the application may only be violations of rights enshrined in the ECHR Convention and its Protocols. Most frequently invoked are violations of the right to a fair trial (Article 6), such as excessive length of proceedings, bias, breach of the presumption of innocence, or inadequate reasoning.

Also frequent are violations of the right to property (Article 1 of Protocol No. 1), the right to private life (Article 8), the prohibition of inhuman or degrading treatment (Article 3), and freedom of expression (Article 10). Mere errors in the application of national law are not examined — the ECHR does not function as a fourth instance of jurisdiction.

3. How long do proceedings on the application take?

Proceedings before the ECHR are, as a rule, conducted in writing and usually last between two and five years, depending on the seriousness and complexity of the case. In cases concerning repeated violations or where settled case-law already exists, proceedings are concluded more swiftly.

In urgent cases, where there is a risk of irreparable harm (e.g. deportation, serious health issues of a detainee), interim measures may be sought under Rule 39 of the Rules of Court, which are examined immediately, even within hours.

4. What documents do I need for an application to the ECHR?

The official application form, fully completed, is required, together with the texts of all judgments delivered by the Greek courts at every instance (first instance, appellate, final and irrevocable), the pleadings filed setting out the alleged violations of the ECHR Convention, and any evidence substantiating the violation.

A power of attorney for representation by a lawyer is also needed, as well as a detailed statement of facts clearly linking each allegation to a specific Article of the Convention. The slightest formal omission leads to rejection without examination of the merits.

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

Statistically, approximately 95% of applications are rejected at the admissibility stage — chiefly as manifestly ill-founded, out of time, or for failure to exhaust domestic remedies. However, applications which do pass the admissibility stage result, in the majority of cases, in vindication of the applicant.

The chances of success increase significantly where the application is drafted by an experienced lawyer with in-depth knowledge of the ECHR’s case-law, who identifies the strong points of the case and avoids presenting it as a mere “fourth instance of review”. Assessing the prospects of success requires individual study of the file.

6. What is the role of the lawyer in this procedure?

Although, formally, representation by a lawyer is not mandatory at the moment of lodging the application, in practice applications without legal support are almost invariably rejected. The lawyer takes on the task of selecting the well-founded grounds of violation, substantiating them with ECHR case-law, observing the strict time limits, and properly drafting the application form.

Ziamparas D. & Associates Law Firm undertakes the study of the file from the Greek courts, the assessment of the prospects of admissibility and success, the drafting and lodging of the application, and the monitoring of every stage of the proceedings before the Court of Strasbourg.