Constitutional Court and ECtHR Applications
Subsidiary individual remedies for alleged violations of fundamental rights.
ABOUT THIS FIELD
Individual applications to the Constitutional Court and the European Court of Human Rights are subsidiary review mechanisms available to persons alleging that public power has violated their fundamental rights. Admissibility depends on exhaustion of domestic remedies, compliance with time limits, victim status and the claim not being manifestly ill-founded.
Applications to the Constitutional Court and the European Court of Human Rights differ in jurisdiction, time limits and admissibility requirements. In the application form, the applicant must clearly identify the act of a public authority alleged to have caused the violation, the right affected, the domestic remedies exhausted and the relevant dates.
Principal areas of work
- 01
Classifying the alleged violation under constitutional and Convention rights
- 02
Identifying effective domestic remedies and the date on which they were exhausted
- 03
Preparing the Constitutional Court application form, statement of facts and legal grounds
- 04
Preparing the European Court of Human Rights application form and supporting documents
- 05
Determining the application time limit separately for the Constitutional Court and the European Court of Human Rights
- 06
Reviewing victim status, the significant-disadvantage criterion before the European Court of Human Rights, and other admissibility requirements specific to each court
- 07
Interim-measure requests and urgent applications concerning life and physical integrity
- 08
Submitting observations on communications at the admissibility and merits stages
- 09
Remedies and implementation procedures following a finding of a violation