The European Court of Human Rights (ECHR) examines complaints regarding a state’s violation of the European Convention on Human Rights. It is not a court of appeal for any national decision and, as a rule, it does not re-examine the facts or the interpretation of domestic law simply because a party disagrees with the decision.

Who can submit an application

A person, a group of persons or a non-governmental organization that considers itself a direct victim of a violation of the Convention may bring a case before the Court against one or more states that have ratified the Convention. The request must concern a right protected by the Convention or the applicable protocols and explain how the person was affected. The ECHR does not adjudicate complaints against private individuals as such.

Important conditions for admissibility

1. Exhaustion of effective internal remedies

As a rule, the effective and sufficient internal remedies must be used first for the alleged complaint. The issue to be brought before the ECHR must be presented, at least in essence, to the national authorities and courts, in compliance with internal procedures and deadlines. What remedies are effective depends on the type of violation and the specific situation.

2. The four-month deadline

The deadline is, as a rule, four months from the final internal decision that ends the exhaustion of relevant remedies. The date from which the deadline begins to run may depend on the communication of the decision and the particularities of the case. If there is no effective internal remedy, the calculation rule may be different. Do not wait until the deadline approaches to prepare the application.

3. Complete application and compliance with Rule 47

The application is submitted using the official form and must be completed in full, signed and accompanied by copies of the relevant documents, in accordance with Rule 47 of the Court’s Rules. A letter, email or fax transmission does not replace the complete form and does not interrupt the four-month deadline. Check the Court’s current instructions before submitting.

4. The complaint cannot be manifestly unfounded or abusive

You must present the facts, the right under the Convention invoked and the connection between them. The Court may declare inadmissible applications that do not meet the requirements of the Convention, are manifestly unfounded or constitute an abuse. The Convention also allows for the rejection of an application when the applicant has not suffered significant harm, with the exceptions provided for in Article 35.

What the ECHR does not do

  • It does not correct any errors of domestic law and does not function as a superior national court.
  • It does not directly annul the decision of the national court and does not usually order the release or payment of a person.
  • It does not guarantee the admission of the claim or the granting of compensation; the Court examines each case in accordance with the Convention.

What you prepare before filing

  • The relevant decisions and procedural documents, with the communication details.
  • Evidence that you have invoked in the country the issue that you want to present to the ECHR.
  • A clear timeline and a concise explanation of the Convention right that you believe the state violated.
  • The official form completed in accordance with Rule 47 and the required attachments.

The term and admissibility depend on the concrete circumstances. This material is informational and does not replace the legal assessment of the acts and the applicable term.

Official sources: ECtHR – How to file a request, Practical guide on admissibility criteria and Rule 47 (text in Romanian).