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Title 1
HOW TO SEIZE THE INTERNATIONAL COURTS?
THE EUROPEAN COURT OF HUMAN RIGHTS
THE UNITED NATIONS HUMAN RIGHTS COMMITTEE
EXHAUSTION OF DOMESTIC REMEDIES
Before applying to the European Court of Human Rights or the United Nations Human Rights Committee, it is important to exhaust domestic remedies at the national level. Concretely, you must first seize all the national jurisdictions available in your country of origin and you can seize the international jurisdictions only if the final decision obtained at the national level does not satisfy you. In addition, it is important to invoke within the framework of the proceedings brought before the national courts the (possible) violation of your fundamental rights, failing which your appeal will risk being declared inadmissible by the international judge.
SIX-MONTH PERIOD
From the moment when the decision of the highest court of the country concerned (the Court of Cassation or the Council of State for France) has been notified to you, you have a period of six months to seize the European Court human rights. After this period, referral to the European Court becomes impossible.
As soon as the applicant files a request to benefit from legal aid before the high court and this request is rejected by the Legal Aid Office, he must make an appeal. If his appeal is also rejected, the date to be taken into account to calculate the 6-month period is the one that begins to run from the notification of the decision relating to the rejection of the appeal against the refusal to grant the Aid. Jurisdictional.
With regard to the United Nations Human Rights Committee, the six-month period does not apply and it is always possible to refer to this Committee several years later. However, litigants are strongly advised not to wait too long before filing an application with the Committee.
THE IMPORTANCE OF YOUR DAMAGE
Protocol No. 14 adopted in 2010 introduced a new admissibility criterion: this is the criterion linked to the importance of your request. Indeed, the European Court of Human Rights does not examine all the claims invoked by the applicants. In order for your appeal to succeed before this body, the prejudice you claim must be significant.
For example, a case concerning the claim for the sum of 50 euros, even if on the form it presents the characteristics of a violation, can be seen by the ECHR as not being important and rejected.
Similarly, the Human Rights Committee will not accept the registration of your application if it does not relate to any serious violation of your fundamental rights.
A FOURTH DEGREE JURISDICTION?
Above all, you must bear in mind that international bodies are not courts of fourth instance. They are not intended to control and sanction errors of fact or law committed by the national authorities. Referral to international courts must be motivated by a flagrant violation of fundamental rights. This is a requirement
FAIR SATISFACTION
A case which raises issues already largely dealt with by the European Court in the past in respect of which there is well-established case-law, the European Court may offer the parties a procedure for just satisfaction under Article 41 of the Convention. If the parties to the proceedings accept the proposal made by the European Court, the case will not be judged on the merits and it will be terminated according to an agreement signed between the parties.
To see your appeal prosper before international courts and to avoid making errors or omissions which could lead to the rejection of your appeal, it is strongly advised to be assisted by a legal professional, mastering the specificities of international law.
Our Firm puts at your disposal its expertise acquired over the years of studies and practices in order to carry out your project of referral to international jurisdictions.
You can contact us either by phone or by email at the following coordinates:
LAW FIRM IN STRASBOURG
Mr Dilbadi GASIMOV
9 rue du General de Castelnau
67000 Strasbourg
Tel: +33(0)3.67.07.96.78
Fax: +33(0) 3.88.37.37.89
Email: info@avocat-gasimov.com
Our lawyers can also travel to carry out a consultation in your region according to the terms that will be agreed upon by mutual agreement with the client.
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