CYIL 2012

ALLA TYMOFEYEVA

CYIL 3 ȍ2012Ȏ “No mistake is more common and more fatuous than appealing to logic in cases which are beyond her jurisdiction.” Samuel Butler

The system of human rights defence established by the Convention for the Protection of Human Rights and Fundamental Freedoms 2 (hereinafter referred to as the “European Convention” or “Convention”) is one of the most effective in the world. The convention provides an opportunity to apply to the European Court of Human Rights (hereinafter referred to as the “European Court” or “Court”) to any individual whose rights were breached by the states that have ratified the Convention (hereinafter referred to as the “States”) in an official language of one of the States. 3 Examination of cases by the Court is unpaid; an applicant is also not obliged to be represented by a lawyer at the first stages of the proceedings. Due to such easy accessibility, the Court has become very popular: approximately 151,600 applications were pending before a judicial formation on 1 January 2012. 4 The procedure for assessment of an application includes several stages. First, the Court examines whether the application is admissible. This means that the case must comply with certain requirements set out in the Convention. If the conditions are not satisfied, the application will be rejected. This decision is final and cannot be reversed. In accordance with Articles 27 and 28 of the Convention such decision is delivered by a single-judge formation or a committee of three judges. The single judge decides on admissibility of simple cases, whereas the committee examines more complex inadmissible cases. The three-judge committees may also declare an application admissible and even render a judgment on the merits, if the case is straightforward and the subject matter is well-established in the case-law of the Court. Usually, if the application or one of the complaints is declared admissible, the Court will encourage the parties to reach a friendly settlement. If the settlement cannot be reached, the Court will determine whether or not there has been a violation of the Convention. In this stage the decision is given by Chambers of the Court. The Chambers will check the merits of individual applications. They will also be the first body to examine an application lodged with the Court by the States. When a case to be decided by the Chamber raises a serious question of interpretation of the Convention, it is customarily transferred to the Grand Chamber. 2 European Convention on Human Rights as amended by Protocols Nos. 11 and 14. Council of Europe Treaty Series, No. 5. ISBN 978-92-871-6929-7. 3 European Court of Human Rights: Questions and Answers. Available at http://www.echr.coe.int/NR/ rdonlyres/BB10719C-D747-4862-AE44-8A54D9B316D5/0/ENG_Questions_and_Answers.pdf. 4 The European Court of Human Rights in facts and figures 2011. Available at http://www.echr.coe. int/NR/rdonlyres/4ACC88A2-0336-415D-A904-061BE63EDE8D/0/FAITS_CHIFFRES_EN_ JAN2012_VERSION_WEB.pdf.

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