European Appeal Cases

There are two separate European courts and it is important to distinguish between them. The European Court of Justice, or ECJ, is situated in Luxemburg and determines legal questions relating to the law of the European Community.

It is not an appeal court to which individuals can take domestic court cases: rather domestic courts may refer specific cases to the ECJ in order to determine a matter of Community law. This could for example mean clarifying a point over the correct interpretation of a treaty or statute.

The European Court of Human Rights or ECtHR was established in Strasbourg in1959 and hears cases brought by individuals, groups of people or non-governmental organisations who believe that their rights under the Convention or one of the protocols have been breached by contracting members (e.g. a country).

Who Can Apply to the ECtHR?

In order to make an application for your case to be heard at the European Court of Human Rights certain criteria should be met. You must believe that your rights have directly been violated by a State that is a signatory to the Convention (of Human Rights) and its Protocols. Although it is not a requirement to have legal representation before you apply to the court it is highly recommended, and may become a requirement in any event.

Applications can be made in any one of the official languages of the member states, although the court’s official languages are French and English.

What Are Violations of the Convention?

Under the Convention and the Protocols thereto, there are certain rights given to individuals as well as prohibitions against certain actions. An individual or group’s rights are violated if a member State prohibits a right, or does not fail to prevent, a restriction within the Convention or its Protocols, and the State’s actions do not fall within one of the Exceptions in the Convention or its Protocols.

• Article Two: Right To Life
• Article Three: Prohibition Against Torture
• Article Four: Prohibition Against Slavery
• Article Five: The Right To Freedom and Security
• Article Six: The Right To A Fair Trial
• Article Seven: Prohibition Against Being Criminalised Retrospectively
• Article Eight: The Right To Privacy
• Article Nine: Freedom of Thought, Religion and Conscience
• Article Ten: The Right of Expression
• Article Eleven: Freedom of Assembly
• Article Twelve: Right To Marriage
• Article Thirteen: The Right To An Effective Remedy
• Article Fourteen: Prohibition of Discrimination
• Article Fifteen: Allows States To Derogate from the Convention an Emergency
• Article Sixteen: Restriction On Political Activity Of Aliens
• Article Seventeen: Prevents Convention Rights Being Abused
• Article Eighteen: Provides for States to Limit The Rights Guaranteed by the Convention In Certain Circumstances

Procedure

The first stage of the application is generally on paper, although the court may decide to hold an oral hearing. The court is divided into the Chamber and the Grand Chamber, which is for more serious questions and where there may be a departure from existing case law. Decisions as to admissibility are taken by a majority vote and reasons for the decision are made public.

Once the case has been deemed to be admissible by the court, both parties may be invited to submit written or verbal representations to assist the court in its decision making process. Again, Chambers determines the decision by majority vote after which judgment is given. After a three month period expires post judgment, the Chamber’s judgment becomes final. It is possible, within three months of this decision, for any party to request that the Grand Chamber considers it if the decision is of significant importance.

At any stage of the process, the court can take legal advice on questions regarding interpretation of any of the Protocols or the Convention.