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

Legal support of cases before the ECtHR covers a range of issues related to the preparation and filing of applications, compliance with admissibility criteria and the proper substantiation of violations of the rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms (also referred to as the Convention).

Such support includes analysis of the national court proceedings, formation of the legal position, identification of the relevant violations of the Convention and consideration of the Court’s current case law. An application to the ECtHR is subject to high procedural requirements, and failure to meet deadlines, formal criteria or insufficient substantiation may lead to the application being declared inadmissible and not considered on the merits.

GOLAW lawyers are involved at all stages of an application to the ECtHR — from a preliminary assessment of the prospects of the case to representation of the client’s interests during the proceedings and at the stage of enforcement of the ECtHR judgment. We protect clients’ interests in cases concerning violations of the right to a fair trial, the right to property, the right to respect for private life and other rights guaranteed by the Convention, and interact with national authorities in the context of enforcing judgments.

Where a case has a cross-border dimension, we coordinate the Ukrainian part of the protection with foreign advisers and parallel proceedings and, where necessary, support the recognition and enforcement of foreign judgments in Ukraine. Our approach is aimed at increasing the chances of the application’s admissibility, forming a strong legal position and achieving effective protection of the client’s rights at the international level.

Who we help

• Individuals whose Convention rights have been violated after national remedies have been exhausted
• Companies and organisations in cases concerning the protection of property and the peaceful enjoyment of possessions
• Clients in cases concerning violations of the right to a fair trial
• Persons in cases concerning the right to respect for private life and other Convention rights
• Clients in cross-border cases requiring coordination of the Ukrainian and foreign components of protection
• Clients who have obtained an ECtHR judgment and require support in its enforcement

International human rights protection includes

• Protection of clients’ interests in cases concerning violations of the rights guaranteed by the Convention
• Assessment of the prospects of an application to the ECtHR and the compliance of applications with admissibility criteria
• Legal analysis of national court decisions and case materials in the context of the Convention
• Preparation and filing of applications to the ECtHR, formation of the applicant’s legal position
• Representation of clients’ interests at all stages of proceedings before the ECtHR
• Support of communication with the ECtHR and preparation of procedural documents and explanations
• Coordination with foreign advisers in cross-border cases and support of the recognition of foreign judgments in Ukraine
• Support of the enforcement of ECtHR judgments at the national level

When this service is needed

• All effective national remedies have been exhausted and a final decision has been obtained
• The right to a fair trial, the right to property or other Convention rights have been violated
• The prospects and admissibility of an application to the ECtHR need to be assessed
• The four-month deadline for applying to the Court is approaching
• The case has a cross-border dimension and requires coordination with foreign proceedings
• An ECtHR judgment has been obtained and its enforcement at the national level needs to be supported

Why it matters

An application to the ECtHR is subject to high procedural requirements and short deadlines. The application must be filed within four months of the date of the final decision of the national court, and failure to meet the deadlines, the formal admissibility criteria or insufficient substantiation lead to the application being declared inadmissible — and this decision is final and not subject to appeal.

That is why professional assessment of the prospects and correct preparation of the application are of decisive importance: a mistake at the preparation stage may permanently close the path to international protection.