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COUNCIL CONSEIL
COUNCIL CONSEIL
OF
OF EUROPE DEL’EUROPE
EUROPE DE L'EUROPE
Cour européenne des Droits de l’Homme
The European Convention on The European Court of Human
Human Rights Rights
T T
he Convention is an international he European Court of Human Rights,
treaty under which the member set up in 1959, is an international
States of the Council of Europe court with jurisdiction to rule, through
promise to secure fundamental civil and binding judgments, on individual and inter-
political rights, not only to their own State applications alleging violations of the
citizens (currently numbering 800,000 Convention.
million people) but also to everyone
within their jurisdiction, irrespective of, for Since 1998 the Court has operated on a
example, sex, race, nationality or ethnic full-time basis. It is made up of 47 judges,
origin. The Convention, which was signed one for every State Party to the Convention.
on 4 November 1950 in Rome, entered The judges, who are totally independent,
into force in 1953. are elected for six-year terms by the
Parliamentary Assembly of the Council of
The Convention’s importance lies not Europe. On account of the considerable
only in the scope of the rights which it increase in the number of applications and
protects, but also in the protection system the Court’s excessive workload, the member
set up in Strasbourg to examine alleged States of the Council of Europe decided to
violations and to ensure that the States reform the supervisory machinery introduced
comply with their obligations under the by the Convention; as a result, they adopted
Convention. Protocol No. 14 to the Convention* in 2004.
The guarantees
The prohibitions
The Convention and its Protocols prohibit, in particular:
*Protocol No. 14, which is intended to guarantee the Court’s long-term effectiveness by
optimising the filtering and processing of applications, envisages, among other measures,
the creation of new judicial formations for the simplest cases and a new admissibility criterion
(the existence of “significant disadvantage”) and introduces a nine-year non-renewable term
of office for judges. It will enter into force once all the States Party to the Convention have
ratified it (to date, 46 out of the 47 States have ratified Protocol No. 14).
One of
the Court’s
5 Sections
Chamber Committee
If not unanimous
(7 Judges) (3 Judges)
Relinquishment
of jurisdiction by
a Chamber
If unanimous
Admissibility and
Admissibility and merits
merits taken together
taken separately
(Joint procedure)
Decision:
Decision: Application
Application rejected
declared admissible
(inadmissible/struck out)
Judgment
Judgment on just
satisfaction
Request by a Party
for a re-hearing
granted
Respondent
Grand State executes
Chamber judgment/Committee of
(17 Judges) Ministers supervises
execution
This flowchart indicates the progress of a case through the different judicial formations. In the interests of readability, it
does not include certain stages in the procedure – such as communication of an application to the respondent State,
consideration of a re-hearing request by the Panel of the Grand Chamber and friendly settlement negotiations.
This flowchart indicates the progress of a case through the different judicial formations. In the interests of
readability, it does not include certain stages in the procedure – such as communication of an application to
the respondent State, consideration of a re-hearing request by the Panel of the Grand Chamber and friendly
settlement negotiations.
T
he Convention system for protecting violations of the same kind (amendments
human rights must first of all be to legislation, legal doctrine, regulations
applied at national level. Each or practice, etc.).
member State has a duty to ensure that
everyone within its jurisdiction enjoys The Committee of Ministers also checks
the rights protected by the Convention. whether the applicant has been paid any
compensation awarded by the Court and,
If this is not the case, any individual, in certain cases, whether other specific
group of individuals or non-governmental measures have been taken (reopening
organisation which considers that it of a trial; cancellation of a prohibition
has been a victim of a violation may, order or confiscation order; correction of
subject to certain conditions, apply to a criminal record; delivery of a residence
the European Court of Human Rights. permit; etc.).
Applications may also be lodged by
one State against another (inter-State
applications). In any event, applications
may only be made against States which
have signed the European Convention on
Human Rights.
Not to be confused!
The Court rules on the admissibility and,
where appropriate, the merits of the European Court of Human Rights
cases submitted to it. Its jurisdiction is Ensures that States comply with
their obligations under the European
binding on all the Contracting States. Convention on Human Rights. Made up
of one judge for each State party to the
Convention, and based in Strasbourg.
The processing of applications
Court of Justice of the European
I
n order for an application to be Communities
admissible, the applicant must have Based in Luxembourg, this Court
exhausted the effective remedies ensures compliance with EU law
available in the country in which the and rules on the interpretation and
alleged violation was committed. He application of the treaties establishing
or she must also lodge the application the European Union.
within six months of the date on which
the courts or authorities of that State International Court of Justice
issued their final decision. Cases which Judicial organ of the United Nations,
are manifestly ill-founded are declared based in The Hague.
inadmissible.
European Convention on Human
Where an application is not inadmissible, Rights
the Court encourages the parties to The treaty by which the member
reach a friendly settlement. If this States of the Council of Europe have
proves impossible, the Court rules on undertaken to respect fundamental
the case in a Chamber of seven judges human rights and freedoms.
or, in exceptionally important cases, in a
Grand Chamber made up of 17 judges. Universal Declaration of Human
Rights
All of the Court’s final judgments are Text adopted by the United Nations in
binding on the States found to have 1948 in order to strengthen human
violated the Convention, which are rights protection at international level.
obliged to execute them.
Charter of Fundamental Rights
European Union text on human rights
The execution of judgments and fundamental freedoms, adopted in
2000.
T
he Committee of Ministers of the
Council of Europe is responsible for
supervising the execution of the
Court’s judgments. It verifies whether
50000
45016
45000 32500
27200
40000 28200
35000
32409
28201 27178
30000
25000
20000
13843
15000 10475
8408
10000
5000
0
1959-1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
Applications which are allocated to a decision body are those for which the Court has received a correctly completed
form, accompanied by copies of relevant documents. These applications will be examined by a Committee or by a
Chamber of the Court. These figures do not include applications which are at the pre-judicial stage (incomplete
case file).
EUROPEAN COURT OF HUMAN RIGHTS
France 2350 3%
Germany 2500 3%
Slovenia 2700 3%
Turkey 9150
Italy 2900 4% 12%
Czech Rep. 3000 4%
Poland 3100 Romania 8300
4% Ukraine 5800 10%
7%
Total number of pending cases : 79,400
Judgments
----------
Cour Européenne des Droits de l'Homme
Judgments deliveredArrêts by the Court
1800
1560
1600 1503
1400
1200 1105
1000 889
837 844
600
400
177
200
0
1959-1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
Since the reform of the Convention system in 1998, the Court has seen a considerable increase in its workload. In
2007 the Court focused on examining complex cases and decided to join certain applications which raised similar
legal problems, so that they could be examined together. Thus, although it delivered fewer judgments in 2007
than in the previous year, the Court completed its examination of a greater number of applications.
2007
Turkey
Others 22%
45%
Romania
6%
Russia
13% 1999-2007
Ukraine Poland
7% 7%
Others Italy
41% 21%
Russia
5% Turkey
20%
France
Poland 7%
6%
Almost half of the judgments delivered by the Court in 2007 concerned four of the 47 member States of the
Council of Europe: Turkey, Russia, Poland and Ukraine. In almost 90% of the total number of judgments delivered
in 2007 the Court identified at least one violation of the Convention and found against the respondent State.
Right to liberty
and security (5)
10%
Right to a fair
trial (6)
Protection of
21%
property (P1-1)
15%
In 37% of the judgments finding a violation which were delivered in 2007, the Court concluded that there had
been a violation of Article 6 of the Convention, either in respect of fairness or the length of proceedings. More
than 53 % of the judgments in 2007 concluded that there had been a violation of one of two Articles of the
Convention, namely Article 6 (right to a fair hearing) or Article 1 of Protocol No. 1 (protection of property). In
addition, in almost 9 % of cases, the Court concluded that there had been a serious violation of the Convention,
concerning the right to life or the prohibition of torture and inhuman or degrading treatment (Articles 2 and 3 of
the Convention).
10
Violations
Violationby
by article
Article and
andbyby country
Country
Fr In R Fr R
ie R hu ig ee ig Oth
To Ju ig La
m
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o
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m F i g
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dg
m to of n of ib gh p to
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re ht oh
J u ou y s
lif ef o ef i t io t t L u r e a of re ed t o i b R
t t rtic
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um on en dg t j ett O e fe Pr rd
fe n o en ni iti Pr ig
e ts m u le th -d eg R gt sh fam spend tho ed a om an on ot R ht tw be s o
be
e e
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iv
oh
i ra
ct
iv
la of libe
b s r i g h m ef o ec ig to
ro vi fi vi en dgm me
pr e b e o l t of e ily ct reli ug om sso of
c a R fe f tio h ic trie f t
ol nd ol
e nt
rj
iv in iti di ht nt li fo gio ht o ct di n tt fre e d he
fj at in at ts
io g
ud at ve on ng in ur ave y a
ve to pr w fe r pr n , co f ex iatio sse igh iv sc of o e or C
ud
n
io fin nts s / gm io s of tre s
ry n d
s a oc
e
ith iv n p n m tt e rim p ed e pu on
gm at n di St
e n tig t a tig / f e fa e o at s c r e b o re in r o u le n v
en le n g rik nt of at ortu tm at or c ir di u tl e ie l y m m at pe c at c tio is en
as in s* lif io en io ce uri tri ng aw an nc ssio an ar ed io io he tio
1999-2007 ts t
no g * e n re t n d ty al s d e n d ry y n rty n ns d n
Total Total Total Total Total 2 2 3 3 3 4 5 6 6 7 8 9 10 11 12 13 14 P1-1 2 3 4
Albania 10 8 1 0 1 0 0 0 1 0 0 0 7 2 0 1 0 0 0 0 4 0 4 0 0 0 0
Andorra 3 1 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0
Armenia 5 5 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 2 0 0 0 0 0 0 0 1
Austria 164 131 11 17 5 0 0 0 1 0 0 1 48 53 0 10 0 23 1 0 6 9 0 0 0 3 0
Azerbaijan 10 8 0 2 0 0 0 1 1 1 0 0 4 0 0 0 0 0 2 0 2 0 2 0 0 0 0
Belgium 82 64 6 12 0 0 0 0 2 0 0 4 23 43 0 4 0 2 0 0 4 0 0 0 0 0 1
Bosnia Herzegovina 4 4 0 0 0 0 0 0 0 0 0 0 3 0 0 1 0 0 0 0 0 0 2 0 0 0 0
Bulgaria 169 160 4 3 2 7 7 0 19 8 0 145 22 64 0 9 3 4 8 0 41 3 14 0 0 0 1
Croatia 132 101 4 26 1 0 0 0 3 1 0 0 36 55 0 4 0 0 0 0 16 1 6 0 0 0 0
Cyprus 42 36 1 3 2 0 0 0 2 0 0 1 5 28 0 2 0 1 0 0 7 2 3 0 1 0 1
Czech Republic 128 115 4 7 2 0 0 0 0 0 0 10 27 76 0 11 0 1 1 0 12 2 4 0 0 0 0
Denmark 22 5 6 11 0 0 0 0 0 0 0 1 0 2 0 1 0 0 1 0 0 0 0 0 0 0 0
Estonia 15 12 2 1 0 0 0 0 1 0 0 5 3 3 3 0 0 0 0 0 1 0 0 0 0 0 0
Finland 90 63 17 9 1 0 0 0 1 0 0 0 22 27 0 11 0 5 0 0 4 0 2 0 0 0 0
France 589 470 56 49 14 2 2 1 7 0 1 25 187 251 2 13 0 11 1 0 25 7 17 0 0 0 4
Georgia 18 13 4 1 0 0 0 0 3 3 0 4 4 2 0 1 1 1 0 0 4 1 2 0 0 0 1
Germany 88 60 18 8 2 0 0 0 1 0 0 11 10 28 0 13 0 1 0 0 2 8 1 0 0 0 0
Greece 366 319 8 19 20 3 3 0 7 3 0 6 70 219 0 2 4 4 2 0 57 3 43 0 1 0 0
Hungary 116 108 2 6 0 0 0 0 1 2 0 5 2 97 0 0 0 0 1 0 1 0 0 0 0 0 1
Iceland 8 6 0 2 0 0 0 0 0 0 0 1 4 0 0 0 0 0 0 0 0 0 1 0 0 0 0
Ireland 12 7 4 1 0 0 0 0 0 0 0 2 4 4 0 0 0 0 0 0 3 0 0 0 0 0 0
Italy 1715 1322 27 332 34 0 0 0 1 1 0 18 202 948 0 84 0 2 3 0 52 1 263 0 14 0 15
Latvia 30 24 3 3 0 0 0 0 3 0 0 19 4 6 0 12 2 2 1 0 2 0 0 0 2 0 5
Liechtenstein 4 4 0 0 0 0 0 0 0 0 0 1 1 1 0 0 0 1 0 0 1 0 0 0 0 0 0
Lithuania
11
* Three judgments concern two Countries : Moldova & Russia, Georgia & Russia and Romania & Hungary
**Other judgments: just satisfaction, revision judgments, preliminary objections and lack of jurisdiction
12
Workload and output
Applications pending
Applications allocated to Applications disposed of Applications disposed of
before a decision body
State a decision body by decision by judgment
at the end of the year
2005 2006 2007 2005 2006 2007 2005 2006 2007 2005 2006 2007
Albania 45 52 54 17 28 22 1 2 6 46 75 107
Andorra 5 8 4 2 9 3 - 1 - 5 4 5
Armenia 110 98 614 62 95 44 - - 5 166 169 737
Austria 298 344 329 208 150 272 22 21 23 364 536 568
Azerbaijan 175 221 708 120 57 84 - 3 7 197 362 979
Belgium 173 107 124 192 110 105 14 7 15 154 149 162
Bosnia and Herzegovina 209 243 708 71 149 254 - 1 3 293 383 838
Bulgaria 820 748 821 344 832 586 23 45 53 1783 1661 1835
Croatia 553 640 557 477 352 745 26 22 31 915 1180 957
Cyprus 66 56 63 49 64 27 1 15 7 108 86 116
Czech Republic 1267 2466 808 420 1264 1080 33 39 11 2096 3268 2976
Denmark 72 68 45 86 96 72 3 2 2 81 49 19
Estonia 165 184 154 82 88 127 4 1 3 286 379 405
Finland 243 262 269 256 187 253 13 17 26 433 488 481
France 1821 1831 1552 1442 1374 1549 60 96 48 2081 2442 2346
Georgia 72 105 162 48 33 40 3 5 8 103 171 286
Germany 1592 1601 1485 1386 1121 1685 16 10 12 2221 2687 2495
Greece 365 371 384 349 237 298 105 55 65 452 519 559
Hungary 644 423 528 220 302 323 16 32 24 897 988 1169
Iceland 6 12 9 9 7 6 - - 2 9 14 16
Ireland 45 40 45 36 53 40 3 - - 43 30 35
Italy 847 931 1350 838 580 796 79 103 67 2111 2404 2907
Latvia 233 268 235 92 75 208 1 10 12 449 635 650
Liechtenstein 4 1 5 6 - 3 1 1 - 2 3 5
Applications pending
Applications allocated to Applications disposed of Applications disposed of
before a decision body
State a decision body by decision by judgment
at the end of the year
2005 2006 2007 2005 2006 2007 2005 2006 2007 2005 2006 2007
Lithuania 267 204 227 444 169 208 5 7 5 376 408 420
Luxembourg 28 32 32 16 17 26 1 2 7 36 48 49
Malta 13 16 17 12 10 3 2 8 1 12 13 24
Moldova 594 517 887 302 248 201 14 20 60 936 1178 1830
Monaco 1 4 10 - 1 1 - - - 1 4 13
Montenegro - 13 134 - - - - - - 133
Netherlands 410 397 365 440 333 335 10 7 10 217 272 296
Norway 58 70 62 53 61 70 - 1 5 93 99 85
Poland 4563 3975 4211 6465 5816 3963 49 115 111 4911 3008 3119
13
an automatic reporting option, in other words, reporting slightly overlaps into the next reference period.
European Court of Human Rights
Council of Europe
67075 Strasbourg-Cedex
France
www.echr.coe.int