About the European Court of Human Rights

History

In the aftermath of the Second World War, the nations of The Council of Europe drafted the European Convention on Human Rights. The Convention includes (in Article 19) the provision for a European Court of Human Rights to ensure the convention is respected.

The Convention was adopted by The Council, then just 10 nations, and the The European Court of Human Rights was set up in 1959 and allows states, individuals and non-governmental organisations to bring cases concerning Convention violations against states. Based in Strasbourg, the court has jurisdiction only over those states that have signed the Convention, which today numbers 47, including Russia which joined in 1996.

There are 47 judges at the court – one from each state that has signed the Convention.

Today, tens of thousands of cases are brought before the court each year, but its popularity has led to a growing backlog of work for the court.

In an attempt to deal with the problem, Protocol 14 was proposed, aimed at streamlining the process of determining the admissibility of cases. The amendments in Protocol 14 restructured the panels of judges examining cases and extended judges' terms of office.

But the planned overhaul was not immediately popular, held up for years by member states that refused to ratify the amendments.

Protocol 14 finally entered into force on June 1, 2010 after the Russian parliament voted in favour of it, more than two years after the other members of the Council of Europe.

Structure

The court is divided into five administrative Sections, within which Chambers (the bodies that carry out the judicial functions) are formed. The entire court elects a President as well as five Section Presidents, two of whom also serve as Vice-Presidents. All terms last for three years.

Each Section selects a Chamber, which consists of the Section President and a rotating selection of six other judges.

The court also maintains a 17-member Grand Chamber, which sits either when a case is referred to it at the request of the parties in the case, or is relinquished to it by the Chamber hearing the case.

The Grand Chamber consists of the President, Vice-Presidents and Section Presidents, in addition to a further selection of judges chosen by lot. If a case is referred to the Grand Chamber, judges who sat in the Chamber which first examined the case are not included in the selection.

The official languages of the court are English and French.

Procedure

Complaints of violations by member states are filed in Strasbourg and assigned to a Section where a judge will rule on the complaint’s admissibility.

Where the admissibility criteria are met and there is relevant case-law, a Committee can make a judgement. A Chamber can also examine a case “on merits” and pass a judgement, or  it can refer the case up to the Grand Chamber.

While a case is being considered on merits, there is a facility within the Court for negotiating a friendly settlement and following the judgement there is the possibility of appeal by the parties to  the Grand Chamber. This must be done within three months of the judgement. Hearings, which are held only in a minority of cases, are public, unless the Chamber or Grand Chamber decides otherwise and then usually only under exceptional circumstances. Memorials and other documents filed with the Court’s Registry by the parties are accessible to the public.

Chambers decide by a majority vote.

A Chamber’s judgment becomes final on expiry of a three-month period, or earlier if the parties announce that they have no intention of requesting a referral, or after a decision of the panel rejecting a referral request. If the panel accepts the request, the Grand Chamber renders its decision on the case in the form of a judgment. The Grand Chamber decides by a majority vote and its judgments are final.

The Court may, at the request of the Committee of Ministers, give advisory opinions on legal questions concerning the interpretation of the Convention and Protocols. Decisions of the Committee of Ministers to request an advisory opinion are taken by a majority vote. Advisory opinions are given by the Grand Chamber and adopted by a majority vote.

Enforcement

While the court’s decisions are binding on all states signed up to the Convention, there is no specific mechanism for enforcement.

The Council of Europe monitors compliance with the court’s rulings and in general, states have tended to respect the court’s judgement.