OUTCOMES OF AN APPLICATION TO THE EUROPEAN COURT OF HUMAN RIGHTS

The outcomes of a judgment of the European Court of Human Rights (ECHR) are numerous for the applicant, who, having won the “battle” in Strasbourg, may continue — and indeed with substantive claims — the judicial fight that had begun in the Greek courts.

A. REOPENING OF THE NATIONAL PROCEEDINGS

The judgments of the European Court could be characterised as a “bridge” for the return to the national courts, whose members can neither ignore nor bypass the ruling of their European colleagues, even when it is contrary to their own “verdict”. This fact opens a new window of hope for those who hold a favourable judgment of the European Court.

In practice, the European Court holds the key to the final ruling, especially in significant cases, which are re-examined on the basis of the ECHR’s adverse judgment.

Where an individual application to the ECHR is upheld, and provided that national legislation so provides, the case is retried by the national courts (reopening of proceedings or revision) on the basis of the judgment issued in Strasbourg.

In Greece, the reopening of proceedings has already been institutionalised in criminal and administrative cases, in cases before the Council of State (StE) and the Court of Audit.

B. RESTORATION OF THE VIOLATION OF THE APPLICANT’S RIGHT

Another significant aspect of benefit for the applicant, where the application is upheld, is the restoration of the violation of his right. By its judgment, the ECHR requires the harm to be remedied, for example by the release of the applicant where his detention is found to be unlawful, the restoration of contact between parents and children where this has been interrupted, the payment of compensation for expropriation set by the national courts but not paid due to non-compliance by the Administration, the reinstatement of the right of ownership to the owners, or the revocation of the lifelong deportation order that violated the family life of the applicant-deportee.

C. PECUNIARY COMPENSATION

If the Court issues a judgment against the State and finds that the applicant has suffered damage, it generally awards the applicant reasonable just satisfaction, that is, pecuniary compensation as damages for the material and moral harm sustained.

Payment must be made within a period of three months, and default interest is provided for in the event of late payment.

The Committee of Ministers of the Council of Europe ensures that the compensation awarded will be paid promptly and within the time limit to the applicant.

Until recently, Greece was a “champion” in the payment of particularly high amounts as just satisfaction, mainly in the context of violations of the right to property.

D. INTERIM MEASURES

In urgent cases, an interim measures procedure is provided for, and the Strasbourg Court rules exceptionally quickly (within 1-3 days).

E. GENERAL MEASURES OF COMPLIANCE

Where a violation is found by the European Court, the respondent State must diligently ensure that such violations will not occur again in the future. If the Member State fails to implement, as it is obliged to do, the ECHR judgment in question, then it is, in effect, exposed to the risk of further adverse judgments being imposed by the Court in the future.

It is worth noting that there are cases in which the State will be required to amend its legislative framework or to align the case-law of its Courts with the findings of the Court, in order to prevent the commission of further violations similar to those identified by the Court.

• See also the article Application to the European Court of Human Rights
• See also the article European Court of Human Rights and its Judgments
• See also Costs of an Application to the European Court of Human Rights

FREQUENTLY ASKED QUESTIONS ON THE OUTCOMES OF AN APPLICATION TO THE EUROPEAN COURT OF HUMAN RIGHTS

1. What do I gain if I succeed before the ECHR?

A favourable judgment of the European Court of Human Rights opens several avenues. First, the applicant may seek the reopening of the national proceedings, so that the case is retried by the Greek courts on the basis of the new ruling from Strasbourg. Second, just pecuniary satisfaction is generally awarded for the material and moral harm sustained. Third, the State is required to remedy the violation (release from detention, reinstatement of ownership, revocation of deportation, payment of expropriation compensation). Finally, general measures of compliance may be imposed, such as legislative amendments or a shift in case-law.

2. How does the reopening of proceedings work in Greece?

Greek legislation provides for the reopening of proceedings in criminal and administrative cases, as well as in cases before the Council of State (StE) and the Court of Audit, where the ECHR has found a violation of the European Convention. The applicant submits an application for reopening or revision before the competent national court, invoking the Strasbourg judgment. The national courts are obliged to take the ECHR’s ruling into account and cannot disregard it, even if they disagree with their own previous judgment. In this way, a genuine second window for examination of the case is opened.

3. Within what time frame is the compensation paid by the State?

The ECHR judgment usually sets a three-month deadline for the payment of the just satisfaction awarded. If the Greek State delays, it owes default interest until the actual settlement. The Committee of Ministers of the Council of Europe monitors the execution of judgments and exerts pressure for prompt and timely payment. In practice, Greece usually complies with the financial component, while delays appear more frequently in measures of substantive restoration. The lawyer monitors the enforcement procedure and activates the institutional mechanisms when necessary.

4. What interim measures may I request in urgent cases?

Where there is serious and imminent risk of irreparable harm, the ECHR has a procedure for interim measures (Rule 39) which are decided exceptionally quickly, usually within one to three days. Typical cases include imminent deportation to a country where the applicant is at risk, the failure to provide medical care to a detainee, or the interruption of contact between parent and child. These measures are binding on the State, and non-compliance constitutes a separate violation. Given the extremely short time frame, the application must be drafted competently and with full supporting documentation from the outset.

5. What are my chances of obtaining substantive restoration of the harm?

When the ECHR finds a violation, restoration depends on the nature of the right. In cases of unlawful detention, release is sought; in expropriation cases, the payment of the compensation set; in cases concerning family life, the restoration of contact; in cases of lifelong deportation, its revocation. Compliance is not always immediate and often requires the activation of the Greek judicial system through reopening of proceedings or new legal remedies. The chances of substantive restoration are significant, but depend on methodical monitoring of execution at both national and European level.

6. What is the role of the lawyer after the ECHR judgment?

Victory in Strasbourg is only the first step. The lawyer takes responsibility for filing the application for reopening of proceedings or revision before the Greek courts, monitoring the payment of the just satisfaction awarded within the three-month deadline, submitting the necessary documents to the competent Greek authorities for the execution of the judgment, and communicating with the Committee of Ministers on supervision matters. Our office has handled cases across the full spectrum of ECHR matters and combines experience in administrative and criminal law with specialised expertise in the implementation of Strasbourg judgments within the national legal order.