European Convention on Human Rights Admissibility

Admissibility Criteria

The European Convention on Human Rights (ECHR) establishes a set of criteria to determine whether an application is admissible, ensuring that only legitimate cases are heard by the European Court of Human Rights (ECtHR).

Exhaustion of Domestic Remedies

• Applicants must exhaust all effective domestic remedies available to them before submitting an application to the ECtHR.
• This means that applicants must have used all available domestic remedies, including appeals and other legal avenues, before bringing their case to the ECtHR.

Six-Month Time Limit

• Applications must be submitted to the ECtHR within six months from the date of the final domestic decision.
• This time limit is strictly applied, and late applications are generally inadmissible.

No Anonymity

• Applicants must identify themselves and provide their personal details in their application.
• Anonymous applications are inadmissible.

No Abuse of Right of Application

• Applicants must not abuse their right to apply to the ECtHR by submitting frivolous or malicious applications.
• The ECtHR will assess whether the application is an abuse of the right to apply and may declare it inadmissible if deemed necessary.

No Duplication of Proceedings

• Applications that are substantially the same as previous applications already examined by the ECtHR are inadmissible.
• This ensures that the ECtHR does not hear duplicate cases.

Victim Requirement

• Applicants must be able to demonstrate that they are a "victim" of a violation of their Convention rights.
• This means that applicants must show that they have been directly affected by the alleged violation.

By applying these admissibility criteria, the ECtHR ensures that only deserving cases are heard, and that the rights of applicants are protected.

Admissibility Criteria for European Court of Human Rights Applications

Exhaustion of Domestic Remedies

• Applicants must exhaust all effective domestic remedies available to them before submitting an application to the European Court of Human Rights.
• This includes using all available domestic remedies, including appeals and other legal avenues.

Time Limit

• Applications must be submitted to the European Court of Human Rights within six months from the date of the final domestic decision.
• The six-month time limit is strictly applied, and late applications are generally inadmissible.

Identification Requirement

• Applicants must identify themselves and provide their personal details in their application.
• Anonymous applications are inadmissible.

Abuse of Right of Application

• The European Court of Human Rights assesses whether the application is an abuse of the right to apply.
• Applications deemed frivolous or malicious may be declared inadmissible.

No Duplication of Proceedings

• Applications substantially the same as previous applications already examined by the European Court of Human Rights are inadmissible.
• This ensures the court does not hear duplicate cases.

Victim Requirement

• Applicants must demonstrate they are a "victim" of a violation of their Convention rights.
• Applicants must show they have been directly affected by the alleged violation.

Purpose of Admissibility Criteria

• The admissibility criteria ensure only deserving cases are heard by the European Court of Human Rights.
• The criteria protect the rights of applicants.

Admissibility of Applications to the ECtHR

Criteria for Admissibility

• Exhaustion of domestic remedies is required before applying to the ECtHR
• Application must be made within six months of the final domestic decision
• Applicant must be identified and not anonymous
• Application must not be an abuse of the right to apply
• Application must raise a question relevant to the European Convention on Human Rights (ECHR)

Inadmissibility Criteria

• Applications that are manifestly ill-founded or lack a clear legal basis
• Applications that constitute an abuse of the right of application, e.g., repetitive or frivolous applications

Examination of Admissibility

• Initial examination by the ECtHR Registry to determine whether the application meets the admissibility criteria
• Communication of the application to the respondent State, which has the opportunity to respond
• Committee of three judges reviews the application and decides on its admissibility
• Chamber of seven judges reviews the decision if the applicant requests a review

Consequences of Inadmissibility

• If an application is declared inadmissible, the ECtHR will not examine the merits of the case
• Applicant will not have the opportunity to have their case heard