Application procedure

Question 1

Which are the relevant articles?

Answer 1

1. Application - Art. 34
2. Representation - R. 36
3. Written application - R. 45
4. Application form requirements - R. 47

Question 2

What are the steps?

Answer 2

1. Application form
2. Administrative stage
3. Admissibility
4. Sent to the Chamber (and to the MS)
5. MS gives comments
6. Applicant receives comments
7. Deliberations

Question 3

What are the requirements for the application form?

Answer 3

1. Rule 47
2. By post
3. Within 6 months from the last domestic decision (from the sent date, determined by the post mark)

Question 4

What happens in the administrative stage?

Answer 4

1. If AF is not complete, the application is not examined
2. If complete, it is given an application n°
3. If clearly inadmissible - It is ruled inadmissible by single-judge formation (art. 27 + R.52A)

Question 5

What happens in the admissibility stage?

Answer 5

1. Three judge Committee - Of which one is the judge Rapporteur
2. Application can be declared inadmissible - Unanimously (Art.28(1) and R.53(1))
3. Application can be declared admissible - Unanimously (Art. 28(1) and R.53) - The Committee will rule on the merits of the case
4. If no unanimity - The application is sent to the Chamber (R.53(6))

Question 6

When do you need a lawyer?

Answer 6

Once the application is sent to the Chamber

Question 7

What about the Grand Chamber?

Answer 7

1. The Chamber can relinquish the application to the Grand Chamber - Art. 30 and R. 72(1) - Party can object within 1 month
2. One of the parties can request the Chamber to submit the application to the Grand Chamber - Art. 43
3. There can also be referral - Within 3 months after the judgement (R.73)

Question 8

What are the different Committees/Formations/Chambers?

Answer 8

Check Art. 26:

1. Single-judge formation - 1 judge
2. Committe - 3 judges
3. Chamber - 7 judges
4. Grand Chamber - 17 judges

Question 9

What about the execution of judgements? How does it work for the MS?

Answer 9

The MS have an obligation to follow the Court’s judgements:

• Art. 46 - MS must abide by the final judgement
• This includes the payment of damages
• Art. 41 - The MS must take individual and general measures to restore the situation of the victim (= ‘afford just satisfaction’)