The European Court of Human Rights (ECHR) is an international court that hears complaints about violations of the rights set out in the European Convention on Human Rights. The following steps will help you to prepare and correctly submit an application to the ECHR.
1. Conditions for bringing a case to the ECHR
The ECHR can only examine a complaint if the following conditions are met:
- Your complaint concerns a violation of rights under the Convention or its Protocols.
- It is directed against the Romanian State.
- The violation was committed by a public authority (government, courts, police, etc.).
- You are directly affected by the violation (you must be a victim).
- You have exhausted all domestic remedies before submitting the application (you have a final judgment).
- You submit the application within 4 months of the final decision of the national courts.
- The complaint is supported by clear evidence (judgments, official documents, etc.).
- The ECHR is not a court of appeal and cannot annul or modify decisions of national courts.
⚠️ Peste 90% dintre cereri sunt respinse pentru inadmisibilitate! Asigură-te că îndeplinești toate condițiile înainte de a depune cererea.
2. How to fill in the application form
For your application to be considered, it must be filled in correctly and completely. The following rules are essential:
- Fill in all relevant fields clearly (preferably typed).
- Be concise - do not use long or irrelevant explanations.
- Do not use abbreviations or symbols..
- Attach all necessary documents - clear and legible copies.
You can download the form from the ECHR website: 👉 www.echr.coe.int/applicants
Key headings in the application form
- Details of the complainant (individual or legal entity).
- State against which the complaint is directed..
- Legal representative (if any) - lawyer or other authorized person.
- Statement of facts - chronological account of what happened.
- The articles of the Convention violated and an explanation of how they were violated.
- Evidence of exhaustion of domestic remedies (final judgment, appeals, etc.).
- List of attached documents - judgment, evidence, medical reports, etc.
3. How to apply
- Only by post mail to la adresa:
European Court of Human Rights
Council of Europe
1 avenue de l’Europe
67075 Strasbourg Cedex
FRANCE
- Submission by e-mail or telephone is not accepted..
- Keep a copy of the application and documents for your reference.
- The application must arrive within 4 months of the final internal decision.
4. What happens after submitting the application?
- If the application is incomplete, the ECHR will reject it and will not keep the documents.
- If your application is complete, you receive a file number and a set of barcode labels. This way you can track the status of your case on the ECHR portal.
- If the application is admissible, the State may be obliged to pay compensation and the victim may request, domestically, the reopening of the proceedings with the aim of being restored, as far as possible, to the situation before the event that led to the violation of rights.
- If the application is rejected, there is no possibility of appeal.
5. Costs and representation
- The ECHR procedure is free of charge..
- A lawyer is not compulsory at the initial stage, but is recommended.
- If it reaches an advanced stage, a lawyer may become necessary and in some cases legal aid may be available.
Conclusion:
If you want to apply to the ECHR, check carefully that you meet all the conditions, fill in the form correctly and send it within the legal deadline. A well-prepared application is more likely to be accepted and considered.