You have lost a civil lawsuit and consider the decision to be wrong. You want to appeal to the European Court of Human Rights, known as the ECHR. In this hypothetical example, the question is not just whether you are dissatisfied with the outcome, but whether the situation raises a problem regarding a right protected by the European Convention on Human Rights.<\/p>\n
The ECHR is not a new appeal in the civil process.<\/strong> A request must explain what right you consider to have been violated and by what action or omission attributable to the state, not just repeat that you would have preferred a different solution.<\/p>\n It starts with concrete events. For example, check whether your objection concerns the possibility of actually participating in the trial, the service of documents of documents, the length of the procedure, or the way an important defense was handled.<\/p>\n Discontent with the assessment of a evidence is not the same as demonstrating a violation of the Convention. Formulate the question precisely: what happened, when, what did you ask the national courts to do and how did they respond?<\/p>\n Before submitting the application, check the rules of admissibility, including the conditions regarding the use of internal appeals and the applicable deadline. It does not imply that any subsequent application, petition or correspondence starts a new term.<\/p>\n The general rule in Article 35 of the Convention is to refer the matter within four months of the relevant final internal decision, after exhausting the effective internal channels. The starting point is verified according to the Court\u2019s criteria. An extraordinary course of action or a subsequent petition does not automatically restart the term. In principle, only a complete form, in accordance with Article 47 of the Court\u2019s Rules, accompanied by the necessary attachments and submitted within the deadline, interrupts the term.<\/p>\n It is important to identify the relevant decision and the date from which the time limit is calculated in your case. An early assessment can prevent the loss of the possibility to submit the application.<\/p>\n Compile the national decisions, communication evidence, requests and relevant appeals. Select the documents that show that the issue invoked was presented to the authorities or courts, when this aspect is necessary for the analysis of admissibility.<\/p>\n Prepare a short chronology, with the essential data. Separate the facts supported by documents from those you report from memory. If you complain about the lack of communication of a document, check what evidence there is in the file about its transmission.<\/p>\n Consult the official form and instructions of the Court before sending it. Check the requirements regarding completion, signature, attachments, and the method of transmission.<\/p>\n Avoid sending a voluminous file without explaining the relevance of the documents. Do not limit yourself to general accusations of the unfairness of the process and do not assume that a favorable outcome is guaranteed if the petition is received by the Court.<\/p>\n Can I go to the ECHR only because I disagree with the decision?<\/strong> Disagreement alone does not replace the identification of a problem regarding a right protected by the Convention.<\/p>\n Is it enough to send a letter stating that I will submit the application later?<\/strong> In principle, no. A letter of intent does not replace the complete form required by the Court\u2019s Regulations.<\/p>\n A legal consultation can help assess the admissibility and identify the documents required for the application.<\/p>\n Legal references:<\/strong> Art. 34\u201335 of the Convention; Art. 47 of the Court\u2019s Rules.<\/p>\n To analyze your situation, contact the Bucharest law firm<\/a>: 0732 710 701<\/a> or vreau@avocatbucuresti.ro<\/a>.<\/p>","protected":false},"excerpt":{"rendered":" Ai pierdut un proces civil \u0219i consideri c\u0103 hot\u0103r\u00e2rea este gre\u0219it\u0103. Vrei s\u0103 te adresezi Cur\u021bii Europene a Drepturilor Omului, cunoscut\u0103 ca CEDO. \u00cen acest exemplu ipotetic, \u00eentrebarea nu este doar dac\u0103 e\u0219ti nemul\u021bumit de rezultat, ci dac\u0103 situa\u021bia ridic\u0103 o problem\u0103 privind un drept protejat de Conven\u021bia european\u0103 a drepturilor omului. CEDO nu este […]<\/p>\n","protected":false},"author":1,"featured_media":6534,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[179],"tags":[],"class_list":["post-7470","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-cedo"],"yoast_head":"\nWhat problem needs to be identified<\/h2>\n
The internal routes and the term must be checked immediately<\/h2>\n
What documents and evidence are you preparing?<\/h2>\n
The form and common mistakes<\/h2>\n
Frequently asked questions<\/h2>\n