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.
If you're struggling to understand the complex terminology used in European court judgments or legal documents, you can get help from our free Legal Jargon Translator.
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.
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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
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
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.
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Can I appeal to a European Court ?
My friend is up for deportation back to Poland the law at the time when he was released from prison more than two years was that after two years you were not liable for recall back to Poland / deportation the law was changed 2011 making it retrospective is this legal as this wouled mean that all persons no matter which Country they are from can be arrested for a past act wither it was legal at the time if all laws can be made retrospective
can I take the royal courts of justice to court for a refusal to appeal a conviction
Thank you
The court was about the land which is my parents but our neighbor claimed it is hers.
We won the case but from no undrestandeble reason the city court in Bjelovar is allowing constant appeal from this neighbor. My mum is 79 and all this stress had an impact on her health , she had a mini stroke two weeks ago...and I have Cerebral Palsy so this stress is a bit too much for me too...
How the case that has been won 3 years ago, can end it up over and over again in the court room?
The court in Bjelovar had a direction from national court that this case is closed but they constantly allow new appeals ...
Is there any European Court where we could ask for a help?
Kind regards
In January '15 my ex. terminated contact between my kids and I because I was encouraging and actively supporting them to aim high in their future education.
I brought an s.8 Children Act 1989 case to Magistrates court in late March '15. Due to false allegations made against me by my stepdaughter and ex., CafCass filed a 'the sky is falling' report to the Court in late May, the Magistrate also panicked and referred the case to the County Court.
Social Care were brought in due to the false allegations being made through their RAS rather than the Police, initially, and having followed Chicken Little all the way, have run a parallel (universe) case a :) against me since April also.
Long story short, I have been cleared of everything, now, but despite the law being on my side, the Social Care services are deliberately being as obstructive as is possible, and the District Judge cannot make a decision about anything unless it is to defer a decision until another Hearing. How he manages to actually get up in the morning is beyond me.
The upshot is that my child has not been allowed to see me, at all, since January '15; and nothing I can do - other than genocide - seems possible to bring a change.
Any ideas??
Carlos
A normal referral can take 18 months to be heard and as far as I know there has been no date given as yet.
1}I'am a DUTCH by naturalization living and have a business of my own in the United Kingdom.
2}I invite my sister and her husband to visit us for a month together with my mother who always come & go back to the Philippines after a month and i will shoulder all their expenses and they're going to stay with us, How come the British Embassy in the Philippines refuse them for an entry Visa? when i provided all necessary documents is my human rights being violated in this sense?
Thank you,
Neth
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