International human rights protection: representation in cases before the European Court of Human Rights

Comprehensive legal support for cases before the European Court of Human Rights (hereinafter also referred to as the ECHR or the Court), ranging from the preparation and submission of applications to the representation of the applicant’s interests at all stages of the proceedings and the enforcement of the ECHR’s judgments.

Legal support for individuals, companies and organisations applying to the European Court of Human Rights.

What is legal representation in cases before the echr?

Legal support for cases before the European Court of Human Rights covers a range of issues relating to the preparation and submission of applications, compliance with admissibility criteria, and the proper substantiation of violations of the rights guaranteed by the European Convention on Human Rights (hereinafter also referred to as the Convention).

Such support includes analysing national court proceedings, formulating a legal position, identifying relevant violations of the Convention, and taking into account the Court’s current case law. 

Applications to the ECHR are subject to high procedural requirements, and failure to meet deadlines, formal criteria, or provide sufficient substantiation may result in the application being declared inadmissible and left unexamined on the merits.

GOLAW’s lawyers are involved at every stage of proceedings before the European Court of Human Rights, from the initial assessment of a case’s prospects to representing the client’s interests during the hearing and at the stage of enforcing the ECHR’s judgment. 

We defend clients’ interests in cases concerning violations of the right to a fair trial, property rights, the right to respect for private life and other rights guaranteed by the Convention, and we liaise with national authorities regarding the enforcement of judgments. 

Our approach is designed to enhance the chances of an application being admissible, build a strong legal case, and achieve effective protection of our clients’ rights at the international level.

International human rights protection includes

  • Representing clients’ interests in cases concerning violations of rights guaranteed by the Convention;
  • Assessing the prospects of bringing a case before the ECHR and the admissibility of applications;
  • Legal analysis of national court decisions and case files in the context of the Convention;
  • Preparing and submitting applications to the ECHR, and formulating the applicant’s legal position;
  • Representing clients’ interests at all stages of proceedings before the ECHR;
  • Managing communications with the ECHR and preparing procedural documents and submissions;
  • Supporting the implementation of ECHR judgments at the national level.

Step-by-step guide to litigation before the echr

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1
Initial legal analysis and strategy formulation
Assessment of the facts of the case, analysis of the national judicial process, and evaluation of the prospects for bringing a case before the ECHR, taking into account the admissibility criteria and the Court’s case law.
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2
Preparation and submission of an application to the ECHR
Formulation of a legal position, preparation of the application and the necessary supporting documents.
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3
Supporting communication with the ECHR
Preparing procedural documents, explanations and observations, liaising with the ECHR and responding to requests within the proceedings.
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4
Representing interests during the case consideration
Legal support at all stages of the proceedings, including the preparation of positions on admissibility and the merits of the case, as well as participation in the consideration procedure.
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5
Supporting the enforcement of the ECHR judgment
Legal support for the implementation of the ECHR judgment at the national level, liaising with state authorities and monitoring the proper fulfilment of obligations.

Key lawyers

Anastasiia Klian
  • Head of Litigation and Dispute Resolution practice, Attorney at law
Ihor Selivakin
  • Senior Associate, Attorney at law

We are trusted

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Frequently asked questions

  • When can one apply to the European Court of Human Rights?

    An application may be submitted to the European Court of Human Rights only after all effective domestic remedies have been exhausted and a final decision has been delivered.

  • What is the jurisdiction of the ECHR?

    The ECHR does not act as a national court and is not a higher court in relation to national courts. It cannot overturn or amend the decisions of national courts. When examining individual applications, the Court determines whether the State has indeed breached its obligations under the Convention and its Protocols. If a breach is found, appropriate measures are taken.

  • What is the time limit for submitting an application to the ECHR?

    An application to the ECHR must be lodged within 4 months of the date of the final decision of the national court.

  • What exactly can be appealed to the ECHR?

    Only the conduct of the State, as represented by its authorities, institutions, organisations, officials or other public bodies, may be appealed to the ECHR.

  • Can I submit an application myself?

    Yes, but due to the complexity of the procedures and the high standards for drafting, most applications are deemed inadmissible without proper preparation.

  • What cases does the ECHR hear?

    The European Court of Human Rights hears applications concerning violations only of those rights and freedoms guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms.

  • How long does it take for a case to be heard?

    The length of proceedings varies considerably. It depends on the type of case, the composition of the Court to which it is referred, how quickly the parties provide the Court with the necessary information, and many other factors. The Court hears cases in a specific order, taking into account the importance and urgency of the issues raised. This means, for example, that the most serious cases or those revealing the existence of widespread problems will be given priority, which explains why an application lodged later may be examined sooner than others lodged earlier. The examination may take several years, depending on the complexity of the case and the Court’s workload.

  • Is it possible to receive compensation?

    Yes, if a violation is found, the ECHR may award just satisfaction (financial compensation).

  • If I apply to the ECHR, does this mean I do not have to comply with a final judgment handed down by a national court?

    No, applying to the ECHR does not suspend national judgments. You must comply with the final judgments of national courts, even if you have lodged an application with the ECHR.

  • Are ECHR judgments binding?

    Yes, ECHR judgments are binding on states that have ratified the Convention.

  • If the ECHR has declared an application inadmissible, can this decision be appealed?

    Decisions on inadmissibility are final and cannot be appealed. This highlights how important it is for applicants to ensure that they have met all the admissibility criteria before submitting an application to the ECHR.

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