Юридическая компания МИРАНДА legal company

+38 (098) 007-88-52
pozov@i.ua

EUROPEAN COURT

 The European Court of Human Rights (hereinafter referred to as the Court) is an international body which, under the conditions established by the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the "Convention"), may consider applications submitted by individuals who complain of violations of their rights. The Convention is an international treaty, on the basis of which the majority of European states committed themselves to respect human rights and fundamental freedoms. These rights are guaranteed both by the Convention itself and its protocols (Protocols Nos. 1, 4, 6, 7, 12 and 13), the consent of which is binding on States Parties to the Convention.

You may apply to the Court if you consider yourself personally the victim of a violation of one of the States parties to the Convention by your rights or fundamental freedoms protected by the Convention and the Protocols thereto. The court can only consider statements that concern the violation of the rights guaranteed by the Convention and protocols - one or more. The European Court is a supranational international judicial body that deals with complaints by individuals against violations of their rights by the parties to the Convention.

In accordance with Article 19 of the Convention, the European Court was established to ensure compliance with the obligations of the High Contracting Parties under the Convention and the protocols thereto. In accordance with Article 32 of the Convention, the jurisdiction of the European Court extends to all matters relating to the interpretation and application of the Convention and the protocols thereto and submitted to it under articles 33, 34 and 47 of the Convention. Accordingly, the Court does not act as a national court and does not have the power to revoke or amend the decisions of national courts. The court can not directly interfere with the activity of the authority, whose action or inaction led to the violation. The court may only consider appeals against ratifications of the Convention and the relevant protocols relating to events that took place after the date of ratification (relevant information on the date of ratification of the Convention and its protocols is available on the official website of the European Court of Justice). You can apply to the Court only for complaints that are subject to the responsibility of the subject of authority (eg: parliament, court, prosecutor's office, etc.) of one of these states. The court does not consider applications against private individuals or non-state institutions. Under Article 35 § 1 of the Convention, the Court accepts applications only after all internal remedies have been used and only within six months from the date of the final decision. The court does not consider an application that does not meet these eligibility conditions. It is extremely important that before you go to the Court, you have used all the remedies in the State against which you sent the statement that could lead to the removal of the violation that is the subject of the appeal; otherwise you must prove that such remedies are ineffective. This means that you should first contact the national courts that have jurisdiction, including the relevant higher court, to protect your rights, of which you intend to complain to the Court. In addition, using appropriate remedies, it is necessary to observe national procedural rules, in particular, the deadlines stipulated by the legislation. If your application relates to a national court decision, such as a verdict, after you have used the ordinary litigation procedure, there is no need to rejoin attempts to review this decision again. It is also not necessary to use extrajudicial remedies or to file complaints or statements, for example, to the parliament, the head of state or the government, the minister or the human rights commissioner, since these remedies are not considered to be necessary before they turn to the Court. You can apply to the Court within six months after the final decision has been taken by a court or authority responsible for determining the issue that is the subject of your application to the Court. The six-month period is deducted from the moment your acquaintance or acquaintance of your lawyer with the final court decision, on the results of the ordinary procedure of appeal at the national level, or - if you consider that there is no effective remedy for such a violation at the national level - from the moment of the assertion violation. The six-month period ends when the Court receives the first letter from you, in which it is clearly stated - at least in a concise form - the subject of the application you intend to file or the completed application form. A simple request to provide information is not enough to stop the six-month period.

Legal services :: Lawyers, Law Firms ::  Services Lawyer :: Advocate Services :: Family lawyer :: Enforcement :: Court Litigation :: customs disputes :: a lawyer for customs Affairs :: customs lawyer :: tax disputes :: lawyer, tax issues :: tax lawyer :: criminal lawyer :: advocate 

© 2006-2020. Ltd. "Miranda".
All rights reserved.