How To Apply To The European Court

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How To Apply To The European Court
How To Apply To The European Court

Video: How To Apply To The European Court

Video: (ENG) ECHR - The correct way to lodge an application with the Court (English Version) 2022, November
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If the courts of all instances ruled against you, but you are firmly convinced that you are right, you can apply to the European Court of Human Rights in Strasbourg. In order to write an application to the European Court in Strasbourg, it is not necessary to have a legal education, know a foreign language, contact a lawyer and pay someone. The only thing that needs to be understood clearly is that the European Court of Human Rights considers disputes between states and citizens, and not between citizens and legal entities.

Strasbourg court
Strasbourg court

Instructions

Step 1

You are consistently denied by the courts of all instances. Theoretically, the last one should be the Supreme Court of the Russian Federation, if you have passed only the first (district court) and cassation instance (regional, city court) in the system of general courts and the first, appeal and cassation instance in the system of arbitration courts.

Step 2

You must have the appropriate waiver order in hand. You have the right to apply to the European Court within six 6 months after that.

Step 3

You are checking whether your case falls within the jurisdiction of the European Court of Justice. In Strasbourg, they will take up your case only if the provisions of the Convention on Human Rights have been violated in relation to you. The text of the Convention can be found by typing the corresponding query in any search engine.

Step 4

You are writing an appeal to the European Court of Justice. The sample can be downloaded from the website of the European Court itself or its Russian reference version (http://europeancourt.ru). In the first letter, you can write an appeal in free form, you just need to briefly and clearly state the essence of the case, indicate that you have already applied to the courts in your country. The letter must include copies of the decisions of the Russian courts. Be sure to indicate which legal regulations have been violated regarding you

Step 5

The application is filled in in your native Russian language (although, if you have the opportunity, you can write in French or English) and subscribe. The complaint can be signed directly by the applicant himself or by his representative, a lawyer, by power of attorney.

Step 6

Send the letter by regular mail to Strasbourg. Beneficiary address: the Registrar European Court of Human Rights Council of Europe F-67075 Strasbourg Cedex France.

Step 7

The Secretariat of the European Court will certainly answer you. The first letter will say that a dossier has been opened in your name under a certain number. You may also be asked to provide additional information about your application.

Step 8

You will be informed by the Registry of the European Court about the progress of the case. Be prepared that the procedure for considering a complaint will take a long time.

Step 9

If the European Court finds your application justified, then it takes a decision to eliminate the violations by the respondent state and may even award you monetary compensation. However, what will the responding country do with this decision, i.e. Russia is a completely different story.

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