EUROPEAN COURT OF HUMAN RIGHTS IN ACTION / Alla Tymofeyeva (ed.)

In 2020 for the first time in its history, the Czech Republic became a respondent state in the proceedings under Article 33 of the Convention. The case of Liechtenstein v. the Czech Republic concerns the respondent State’s classification of Liechtenstein citizens as persons with German nationality for the purposes of applying the Decrees of the President of Republic of 1945 (also known as the Beneš decrees), which, among other things, confiscated property belonging to all ethnic Germans and Hungarians after the Second World War. In its application the Government of Liechtenstein alleges violations of Article 6 (right to a fair trial), Article 8 (right to respect for private and family life) and Article 13 (right to an effective remedy) of the Convention, Article 1 of Protocol No. 1 (protection of property) to the Convention, as well as of Article 14 (prohibition of discrimination) taken together with the other Articles. The Government of Liechtenstein refers in its complaints to two sets of proceedings concerning property in the Czech Republic, one set against the Prince of Liechtenstein Foundation, which inherited all the property owned by the late Prince Franz Josef II, and one set concerning 33 individual cases brought by Liechtenstein nationals, including the head of state, Prince Hans-Adam II. Questions: 1. What is the structure of the European Court of Human Rights? 2. Who may lodge an application with the ECtHR? Please describe briefly the proceedings before the Court. 3. What is the difference between decisions and judgments of the Court? 4. What is the pilot judgment procedure? 5. When may the Court indicate interim measures to the states? 6. How many inter-state cases have been decided by the Court? 7. What are the main differences between the European Court of Human Rights and the European Court of Justice?

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EUROPEAN COURT OF HUMAN RIGHTS IN ACTION