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European Court of Human Rights (ECtHR)
Our law office specializes particularly in individual applications to the European Court of Human Rights (ECtHR) and the Constitutional Court. The ECtHR application process is the last resort for obtaining a right. Therefore, it is crucial that the application is meticulously prepared both procedurally and substantively.
The ECtHR first examines whether applications meet the necessary formal requirements. Applications must be submitted using the official ECtHR application form, which is mandatory.
Even the slightest omission in the application form submitted to the European Court of Human Rights (ECtHR) can result in its administrative rejection before any substantive examination is conducted. If you identify a deficiency or if the ECtHR rejects your application due to an error, merely correcting the omission is not sufficient. Instead, you must submit a new application within the deadline, even if the deficiency has been rectified.
Regardless of how justified your case may be in terms of substance and merits, or how admissible your claim is, if the application form is not properly completed, the chances of success are almost nonexistent (except in very exceptional cases).
The ECtHR website is a crucial resource for those considering filing an application. If you wish to submit an application on your own, it would be beneficial to review this site. If you use other websites that provide information on ECtHR applications, ensure that the information is up-to-date and accurate.
Key Requirements for the ECtHR Application Form
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An ECtHR application form contains 74 fields, and all relevant fields must be completed.
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If the application is filed through a lawyer, depending on whether the applicant is an individual or a legal entity, the third page (for individuals) or fourth page (for legal entities) must be signed with a handwritten signature by both the applicant and their legal representative.
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A notarized power of attorney is neither required nor expected for ECtHR applications. Granting power of attorney to a lawyer (except in extraordinary cases) is only possible through the application form itself.
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Depending on who is filing the application (applicant or representative), the last page of the application form must be signed. Failure to sign this section will result in rejection (refer to the Application Guidelines for further details).
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The State against which the application is filed must be indicated on the second page. If not marked, the application may be rejected.
Time Limits and Compliance with ECtHR Rules
According to Rule 47 of the ECtHR Rules of Procedure and the Application Guidelines, only a properly completed application form interrupts the application deadline (as of February 1, 2022, the application period has been reduced to four months).
This means that if your application is submitted at the end of the deadline and does not meet the requirements under Rule 47 and the Guidelines, the time limit is not interrupted, and it continues to run.
If the ECtHR sends you a letter indicating that your application has deficiencies and you still have time within the deadline, you must submit a new and complete application. Simply correcting deficiencies in the previous submission is not sufficient unless explicitly requested by the ECtHR.
Statistical Rejections Due to Rule 47 Deficiencies
Each year, 20-30% of ECtHR applications are rejected solely due to non-compliance with Rule 47 of the Rules of Procedure.
For more detailed information on how to apply to the ECtHR, you can visit our ECtHR Application and Procedure page.
(1) For details on exceptions to the representation rules in ECtHR applications and how such applications should be filed, refer to the Application Guidelines, which have been translated into Turkish. Click here to access the Guidelines.