European Court of Human Rights
ECHR lawyer in Strasbourg
Understand, check, act: admissibility, the four-month time limit, exhaustion of domestic remedies, protected rights, the application form, case-law and the rest of the procedure before the Court.
Contents
Where to start
Where do you stand?
Each situation calls for a different check, in a different order. Choose yours to go straight to the relevant point.
Understanding
The Court is not a court of fourth instance.
The European Court of Human Rights ensures observance of the Convention in the 46 States members of the Council of Europe that have ratified it. It is not a court of appeal, cassation or revision: its case-law even describes it by what it is not, a “fourth instance”.
It therefore has no jurisdiction to find that a national court erred in fact or in law — unless, and in so far as, that error infringed a right protected by the Convention. That is the whole difference between an error of domestic law and a Convention violation, and it is the first question to settle in any case.
Admissibility
Admissibility comes before the merits.
The admissibility criteria are set out in Articles 34 and 35 of the Convention. The Court’s Practical Guide groups them into three sets: those relating to procedure, those relating to the Court’s jurisdiction , and those relating to the merits. They are cumulative.
A case that is strong on the merits can founder on a missed procedural condition. That is why the analysis always starts there.
The twelve points, by set
Two cumulative conditions: falling within a category of Article 34 — person, non-governmental organisation or group of individuals — and being able to claim to be a victim. The notion is autonomous: it does not follow domestic rules on standing and does not imply the existence of damage.
The applicant must show that he or she was directly affected by the measure complained of. Article 34 also covers indirect victims, to whom the violation would cause harm or who have a valid personal interest in seeing it brought to an end. An application can only be lodged by a living person, or on his or her behalf.
Victim status must exist at all stages of the proceedings. A favourable decision obtained in the meantime will in principle remove it only if the authorities have acknowledged the violation and afforded sufficient redress for it.
The Court may only deal with a matter after all domestic remedies have been exhausted. The rule stems from customary international law: it gives States the opportunity to put right the alleged violation themselves. Only remedies that are available and effective must be used.
It is not necessary to have cited the Convention before the national courts, but the complaint must have been raised there at least in substance. Even where the court may examine a point of its own motion (jura novit curia), the applicant is not released from that obligation.
Four months from the date of the final domestic decision. Time starts running on the day after the decision was pronounced in public or the day on which the applicant or his or her representative was informed of it, and expires four calendar months later. The Court applies it of its own motion.
The Court does not deal with an anonymous application. Anonymity may, however, be authorised on request, and the Court may even grant it of its own motion.
Neither as a matter already examined by the Court, nor as one already submitted to another procedure of international investigation or settlement. On the same factual basis, a genuinely new complaint is needed. The Court assesses the nature of the other body case by case.
The Court’s Guide lists five types of conduct, including disinformation, offensive language and abuse of domestic remedies.
Four types of incompatibility: ratione personae, ratione loci, ratione temporis and ratione materiae. A very practical point: a complaint based on a protocol that the respondent State has not ratified is incompatible ratione personae — the issue arises for France.
An application is manifestly ill-founded if a preliminary examination does not disclose any appearance of a violation. This ground may concern the whole application or a single complaint: part of it may be dismissed as a “fourth-instance” complaint and the rest examined.
The Court may declare an application inadmissible where the applicant has not suffered a significant disadvantage, unless respect for human rights requires an examination on the merits. For the freedoms in Articles 9, 10 and 11, applying this criterion calls for careful scrutiny.
No point in this set. Choose “All twelve” to return to the full list.
Four points to check in your case
These questions lead to no result, no score and no conclusion on admissibility: they only show what will need to be checked against the documents. Nothing is transmitted or stored.
It remains to identify which one: the “final decision” within the meaning of the Convention is not always the last one received.
As long as an available and effective remedy remains open, an application is in principle premature.
Without that decision, neither the time limit nor exhaustion can be assessed: it is the first point to reconstruct.
Keep the notification, the acknowledgment of receipt or any other proof: that is the date that will have to be established.
The date must be reconstructed from the documents before any calculation.
To be found in the file: it is a date that is established, not assumed.
To be checked against the pleadings filed: their content is what counts.
A complaint never raised domestically risks inadmissibility. The pleadings must be re-read.
Submissions and pleadings must be re-read to tell.
It remains to check that the protocol relied on actually binds the respondent State.
A complaint that only alleges an error by the domestic judges is a “fourth-instance” complaint.
This is the legal characterisation of the case: it is done on the documents.
The page on admissibility (in French) covers these conditions, including victim status, exhaustion and jurisdiction.
Time limit
Four months, counted according to the Convention.
Article 35 § 1 of the Convention allows the Court to be applied to within four months “from the date on which the final decision was taken”. The rule is a matter of public policy: the Court applies it of its own motion, even if the Government has not raised it.
The decision that starts the time limit
In principle, it is the final decision taken at the end of the exhaustion of domestic remedies, after normal use of remedies likely to be effective and sufficient.
If it is clear from the outset that no effective remedy exists, the four months run from the act complained of, or from the day on which you were directly affected by it, became aware of it or felt its prejudicial effects. In a continuing situation with no domestic remedy, time only starts to run when that situation ends. It does not, however, allow an application to be postponed indefinitely: for certain obligations of the State, in particular disappearances, property or home rights, or non-enforcement of debts of a State-owned company, the Court requires diligence and initiative.
The day you learn of the decision
Time runs in principle from sufficient knowledge of the decision by you or your representative. If you are entitled to service of a copy as of right of the decision, time runs from that service, even if the decision was delivered orally beforehand; if it is served on your lawyer, time runs as soon as the lawyer becomes aware of it, even if you only learn of it later. It is for the State relying on lateness to establish the date of knowledge, which does not relieve you of keeping the notification or any other proof of that date.
The calculation and the last day
The four months are calendar months, whatever their actual length, and are counted according to the Convention’s own criteria, not the rules of domestic law on calculating time limits. In Sabri Güneş v. Turkey (Grand Chamber, 29 June 2012), under the former six-month time limit, the decision served on 28 November 2005 had started the time limit on 29 November; it expired at midnight on Sunday 28 May 2006, and the application lodged on Monday 29 May was out of time.
What stops the time limit
Except in the cases provided for by Rule 47 of the Rules of Court, only a complete application form interrupts the time limit. The application is deemed lodged on the date on which a form complying with that Rule is sent to the Court, the postmark being decisive; the Court may, where it finds it justified, decide that a different date applies. A complaint not included in the initial application stops the time limit only on the date it is first submitted to the Court.
Time-limit diagram
From the domestic decision to posting.
This path gives a general picture of the four-month rule. The starting point must always be determined in the light of the available remedies and the circumstances of the case.
- 01Identify the final decisionCheck the last normal and effective remedy that had to be used.
- 02Fix the date of knowledgeKeep the notification, the date the decision was made available or any proof of sufficient knowledge.
- 03Count four calendar monthsTime starts in principle on the following day and expires four calendar months later.
- 04Post a complete applicationThe form complying with Rule 47 and the required documents must be sent before the deadline.
The last day is not carried over to the next working day when it falls on a Saturday, a Sunday or a public holiday. It is wise to send the application early.
Indicative calculator
Add four calendar months to your reference date.
Enter the date on which the final domestic decision was notified to you or came to your knowledge. Whether that date is the relevant one must be checked in each case.
The result will appear here; the date entered is not transmitted.
Warning: this calculation determines neither the relevant final domestic decision nor any exception. It is not legal advice, does not bind the firm and does not interrupt any time limit. The date entered stays in your browser and is neither transmitted nor stored.
The page on the time limit (in French) covers the starting point, the calculation and the documents to keep.
Protected rights
Each complaint relates to a specific right.
Before the Court, that right is an article of the Convention, or of a protocol in force in respect of the respondent State. Article 1 requires States to secure to everyone within their jurisdiction the rights in Section I, which begins with Article 2; Articles 15 to 18 do not create new rights, they govern their exercise.
In addition to those in the Convention, the rights that can be relied on against France are those of the Additional Protocol (known as Protocol No. 1) and of Protocols Nos. 4, 6, 7 and 13. Those of Protocol No. 12 cannot: France has neither signed nor ratified it. And French reservations govern Protocol No. 7: for its Articles 2 to 4, only offences that fall under French law within the jurisdiction of the criminal courts count as offences; its Article 5 is subject to two further reservations.
The cards indicate the rights from which Article 15 permits no derogation, even in time of war or other public emergency threatening the life of the nation, those that can only be relied on together with another article, and whether France is bound by each protocol. The official text of the Convention and its protocols ↗ can be read on the Court’s website; France’s reservations and declarations, treaty by treaty, on that of the Council of Europe Treaty Office.
Protected rights, by theme
Everyone’s right to life is protected by law. Paragraph 2 lists the cases in which deprivation of life resulting from the use of force which is no more than absolutely necessary does not entail a violation.
No one shall be subjected to torture or to inhuman or degrading treatment or punishment. The prohibition also applies where removing a person would expose him or her to such treatment in the country of destination.
No one shall be held in slavery or servitude, or required to perform forced or compulsory labour. Paragraph 3 excludes certain situations, such as work ordinarily required in detention or normal civic obligations.
No one shall be deprived of liberty save in the cases listed in § 1 — including the detention of a person against whom action is being taken with a view to deportation or extradition — and in accordance with a procedure prescribed by law. Everyone who is detained is entitled to a speedy decision on the lawfulness of the detention (§ 4).
A fair and public hearing within a reasonable time by an independent and impartial tribunal, in the determination of civil rights and obligations or of any criminal charge. In criminal matters, the presumption of innocence (§ 2) and the rights of the accused (§ 3) are added.
No one shall be held guilty of an act which did not constitute an offence when it was committed, nor shall a heavier penalty be imposed than the one that was then applicable.
Protects private and family life, home and correspondence. Interference by a public authority is permitted only if it is in accordance with the law and necessary in a democratic society for one of the aims listed in § 2.
Includes freedom to change religion or belief and to manifest it, individually or in community with others. Only its manifestation may be restricted, under the conditions of § 2.
Freedom to hold opinions and to receive and impart information and ideas. Its exercise, which carries duties and responsibilities, may be restricted under the conditions of § 2.
Freedom of peaceful assembly and freedom of association, including the right to form and join trade unions. Restrictions are possible under the conditions of § 2.
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
Anyone with an arguable complaint of a violation of a protected right must have an effective remedy before a national authority. The article has no independent existence: it is relied on in conjunction with another article of the Convention or of a protocol.
The enjoyment of Convention rights must be secured without discrimination on any ground such as sex, race, religion, opinion, origin or other status. A complaint under this article is always examined in conjunction with another article, although a violation of that other article is not required.
Every natural or legal person is entitled to the peaceful enjoyment of his or her possessions. Deprivation of property is only possible in the public interest and subject to the conditions provided for by law and by the general principles of international law; the State may control the use of property in accordance with the general interest and secure the payment of taxes, contributions or penalties.
No person shall be denied the right to education. The State respects the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.
States undertake to hold free elections at reasonable intervals by secret ballot, under conditions which ensure the free expression of the opinion of the people in the choice of the legislature.
No one shall be deprived of liberty merely on the ground of inability to fulfil a contractual obligation.
Everyone lawfully within the territory of a State has the right to move freely there and to choose his or her residence; everyone is free to leave any country, including his or her own. Restrictions are possible under the conditions of §§ 3 and 4.
No one shall be expelled, by an individual or collective measure, from the territory of the State of which he or she is a national, or deprived of the right to enter it.
Collective expulsion of aliens is prohibited.
An alien lawfully resident in the territory may only be expelled in pursuance of a decision reached in accordance with law, and must be allowed to submit reasons against the expulsion, to have the case reviewed and to be represented. The expulsion may precede the exercise of these rights where it is necessary in the interests of public order or grounded on reasons of national security (§ 2).
Everyone convicted of a criminal offence may have the conviction or sentence reviewed by a higher tribunal, subject to the exceptions in § 2. France has declared that this review may be limited to a review of the application of the law, such as an appeal to the Court of Cassation.
A person who has suffered punishment is compensated, according to the law or practice of the State, when the final criminal conviction is reversed, or a pardon granted, because a new or newly discovered fact shows a miscarriage of justice — unless it is proved that the non-disclosure of that fact in time is wholly or partly attributable to that person.
No one shall be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence of which he or she has already been finally acquitted or convicted. Reopening of the case remains possible under the conditions of § 2.
Spouses enjoy equality of rights and responsibilities of a private-law character, between them and in their relations with their children, during marriage and in the event of its dissolution; the State may take the measures necessary in the interests of the children. Under two reservations by France, this article does not affect the French rules on the transmission of the family name, nor the local law of Mayotte, New Caledonia and Wallis and Futuna.
Extends the prohibition to the enjoyment of any right set forth by law, not only Convention rights. France has neither signed nor ratified it: a complaint based on this protocol against France is incompatible ratione personae.
The death penalty is abolished in all circumstances. Protocol No. 6 already abolished it, but allowed it to be provided for in respect of acts committed in time of war or of imminent threat of war.
No right in this theme. Choose “All rights” to return to all the cards.
Searching the case-law on an article
The Court’s case-law can be consulted in HUDOC ↗, its public database, which has a French and an English interface. A few settings avoid fruitless searches:
- Filter by article using the database notation: P1-1 for Article 1 of Protocol No. 1, P7-4 for Article 4 of Protocol No. 7. A 4 on its own means Article 4 of the Convention.
- Be aware that, by default, only Grand Chamber and Chamber judgments are selected: decisions, Committee judgments and communicated cases must be ticked manually when searching for them.
- Note, where it exists, the identifier of the French version: each HUDOC identifier is specific to one language, and a text that is neither a Grand Chamber text, nor published in the Reports, nor selected as a key case may exist only in English.
- Do not cite a Committee judgment as a precedent on a question of principle: a Committee rules on the merits only on the basis of well-established case-law (Article 28 § 1 (b) of the Convention), and the Court advises against citing its judgments for that purpose.
Case-law
Four judgments to start a search.
A useful reference must be placed in its factual and procedural context, then compared with more recent decisions. Each link opens the official HUDOC record.
Before sending
How to apply to the ECHR: four steps before sending
- 01Check admissibility: the Court may only deal with a matter after all domestic remedies have been exhausted (Article 35 § 1 of the Convention). Admissibility of an application to the ECHR (in French)
- 02Comply with the four-month time limit running, in principle, from the final domestic decision. The four-month time limit before the ECHR (in French)
- 03Fill in the official application form completely: except in the cases provided for by Rule 47 of the Rules of Court, only a complete form interrupts the time limit. Preparing the ECHR application form (in French)
- 04Send the application by post to the Registry of the Court in Strasbourg: the postmark is decisive; a fax does not interrupt the time limit.
For an individual communication to a United Nations committee rather than to the Court, see Applying to UN committees from France (in French).
Procedure
From sending the application to execution of the judgment.
What follows applies to an application that has already been sent, or is about to be. The procedure is written : the Court contacts the applicant when it needs a document or a reply. It gives no average processing time and examines cases in an order of priority that takes account of the importance and urgency of the issues raised.
Nine steps, from sending to execution
- 01A complete application (Rule 47). Except in the cases provided for by that Rule, only a complete form interrupts the four-month time limit. If incomplete, the application will in principle not be examined, and time continues to run.
- 02Registration and correspondence. The number allocated means that the application has been registered, not that it has been accepted. Report any change of address and any relevant fact (Rule 47 § 7), and reply within the time allowed: otherwise, the Court may close the case and destroy the file or, later, strike it out of the list.
- 03Filtering and allocation. A filtering section of the Registry sorts applications in order to direct them to the appropriate judicial formation, or to reject at administrative level those that do not comply with Rule 47. Where the material submitted is sufficient to disclose inadmissibility, the application is examined by a single judge, unless there is a special reason to proceed otherwise (Rule 49).
- 04Communication to the Government. An application that is not rejected at the outset may be brought to the notice of the respondent State, whose written observations call for a reply from the applicant (Rule 54). Admissibility and merits are then in principle examined together, the parties also making submissions on just satisfaction (Rule 54A). A hearing remains optional. Only at this stage, on its own initiative, does the Court open the eComms electronic exchange, unless postal services to certain countries are interrupted: give an e-mail address.
- 05Representation becomes mandatory. Optional when the application is lodged, it becomes mandatory once the application has been communicated, unless the President of the Chamber decides otherwise (Rule 36). The Court’s legal aid and its conditions are covered in the frequently asked questions.
- 06Friendly settlement or unilateral declaration. After communication, the parties first explore a friendly settlement for twelve weeks, in confidential negotiations (Rule 62 § 2). If concluded, it leads to the case being struck out; the Committee of Ministers supervises its execution (Article 39 of the Convention, distinct from Rule 39). If the applicant refuses a proposal, the State may acknowledge the violation by a unilateral declaration with an undertaking to provide adequate redress; the Court may then strike the application out, even against the applicant’s wishes (Rule 62A).
- 07The judgment and just satisfaction (Article 41 of the Convention). The judgment, which does not annul the domestic decision, carries no automatic compensation: the finding of a violation may in itself constitute sufficient just satisfaction, and nothing is awarded beyond what is claimed. The claim must in principle be quantified (except for non-pecuniary damage), itemised and supported within the time allowed for observations on the merits; otherwise, the Chamber may reject it in whole or in part (Rule 60).
- 08Referral and final judgment. Within three months of a Chamber judgment, any party may, in exceptional cases, request referral to the Grand Chamber (Article 43 of the Convention). It is not an appeal: a panel of five judges accepts the request only for a serious question, on the existing file alone (Rule 73). Failing referral, the Chamber judgment becomes final (Article 44 of the Convention).
- 09Execution (Article 46 of the Convention). The final judgment is transmitted to the Committee of Ministers, which supervises its execution. The State, which is bound to abide by it, in principle chooses the means — individual or general measures — and reports through an action plan and then an action report; the Court indicates the type of measures to be taken only in certain particular circumstances. The applicant may submit written observations; a final resolution closes the supervision. Re-examination in France: see the frequently asked questions.
The content of the form, the documents to attach and the signature rules are set out on the page Preparing the ECHR application form (in French).
Primary sources
Forms and official texts.
These links open the documents of the European Court of Human Rights directly. Always check their version when preparing a case.
Four formations, four powers
Article 26 of the Convention provides for four formations to examine cases. They cannot all decide the same things.
Declares the application inadmissible or strikes it out where this can be done without further examination; otherwise, forwards it to a Committee or a Chamber. A final decision, with summary reasons (Rule 52A), which cannot be challenged; the file is then destroyed. Never on an application against the State in respect of which the judge was elected.
Rules unanimously: inadmissibility or striking out at any stage, where this can be decided without further examination; or, if the issue is covered by well-established case-law, admissibility and a judgment on the merits, in the light of the observations received after communication. Final decisions and judgments.
Rules on admissibility and merits where neither a single judge nor a Committee has done so. May immediately declare all or part of the application inadmissible, or communicate it to the Government. The judge elected in respect of the respondent State sits ex officio. The Committee of Ministers may, for a fixed period, reduce the number to five.
Never seised of an application directly. A Chamber may relinquish jurisdiction in its favour, before its judgment, for a serious question of interpretation; it must do so where there is a risk of inconsistency with the case-law (Rule 72), the parties being merely invited to comment. It is also seised by referral. Final judgments.
Chambers and Committees are formed within the Court’s five Sections, which are administrative entities.
Urgency
Interim measures under Rule 39 of the Rules of Court.
In exceptional circumstances, the Court may indicate an interim measure, of its own motion or at the request of a party or of any other person concerned: prohibiting an act, or requiring one. It is addressed to the respondent State, sometimes to the applicant, and it is binding. Its purpose is to prevent an irreversible situation from preventing the examination of the complaints, but it does not prejudge the Court’s decision on admissibility or merits.
Same number, different texts. Article 39 of the Convention concerns friendly settlements; interim measures fall under Rule 39 of the Rules of Court, in the version applicable since 28 March 2024. The examples of scope come from the Court’s factsheet, which does not bind it and is not exhaustive.
Common mistakes
Widespread mistakes, and the rules that correct them.
Each stems from a misconception about the Court’s role, admissibility, the time limit, the form or the applicable texts; the exact rule follows, with a reference to the part or page that develops it.
- 01Asking the Court to retry the case. It is not a fourth instance : in principle it does not call into question the findings of the national courts as to the establishment of the facts, the interpretation of domestic law, the assessment of evidence or guilt; it does so only exceptionally, in cases of flagrant and manifest arbitrariness which in itself entails a violation of the Convention.
- 02Running the time limit from the rejection of a request to reopen. As a general rule, a request to reopen does not extend the four months, and the decision rejecting it is not the final domestic decision : time is not counted from it.
- 03Calculating the deadline according to French rules. The four-month time limit follows the Convention’s own criteria: a Saturday, Sunday or public holiday does not push back the last possible date.
- 04Securing the date by fax or e-mail. Applications are sent to the Court by post ; a fax does not interrupt the time limit, and the signed original must also be sent before the deadline. A request for an interim measure follows different transmission rules (Urgency).
- 05Sending an incomplete form at the last minute. An application that does not comply with paragraphs 1 to 3 ofRule 47 is not examined, unless there is a satisfactory explanation, a request for an interim measure or a contrary decision of the Court. Time, meanwhile, keeps running: if sent late, an incomplete application may leave no time to send a new, complete one.
- 06Keeping the essentials for an attached memorandum. Facts, complaints and compliance with the admissibility criteria must appear in the form itself ; the attached document, limited to twenty pages, can only develop complaints already raised in the form.
- 07Believing that bringing the case before the competent court is enough. You must have actually complained before the national courts, expressly or in substance, of the violation then submitted to the Court; it is not enough that it is evident from the facts of the case.
- 08Relying on Protocol No. 12 against France. As at 24 September 2026, France has neither signed nor ratified it: the general prohibition of discrimination it lays down cannot therefore found a complaint against France.Article 14 of the Convention, for its part, prohibits discrimination only in the enjoyment of the rights recognised by the Convention and its protocols, and is always relied on in conjunction with one of them.
- 09Confusing Rule 39 of the Rules of Court with Article 39 of the Convention. The first allows the Court, in exceptional circumstances, to indicate interim measures in the face of an imminent risk of irreparable harm to a right protected by the Convention; the second governs the friendly settlement of the case.
- 10Expecting the Court to annul the national decision. The Court does not annul national court decisions, and applying to it does not, by itself, suspend their enforcement; the consequences of a judgment finding a violation are set out in the frequently asked questions.
Frequently asked questions
Short answers to practical questions.
The answers below are based on the Convention, the Rules of Court, the information documents published by the Court and, for re-examination, French law. They remain general: none of them can prejudge the outcome of a case.
Do I need a lawyer to apply to the Court?
Not to lodge the application: Rule 36 allows applicants to act themselves or through a representative. Once the application has been communicated to the Government, representation becomes mandatory, unless the President of the Chamber decides otherwise; the representative must then be an advocate authorised to practise in one of the States Parties and resident in the territory of one of them, or another person approved by the President. Being neutral, the Court neither helps to find a lawyer nor to fill in the form, according to its information notice. If a lawyer acts from the outset, signatures and authority follow precise rules.
Does the procedure before the Court cost anything?
No: the official notes on the form ↗ state that the Court’s examination of the case is free of charge. The President of the Chamber may grant legal aid, but only once the Government has submitted written observations on admissibility or the time allowed for doing so has expired, if the applicant has insufficient means and the aid is necessary for the proper conduct of the case (Rules 105 and 106); it is not granted systematically. The firm’s fees are set out with the preliminary written consultation.
In which language should I write to the Court?
French and English are the official languages of the Court (Rule 34). Until the application has been brought to the notice of the Government, you may also write in an official language of one of the States Parties; after that, French or English is required, unless the President of the Chamber authorises otherwise. An application written in French will therefore never have to change language; the judgment is given in French or English, or in both official languages (Rule 76).
Can I apply to the Court before the proceedings in France have ended?
In principle, no: available and effective domestic remedies must be used first (Article 35 § 1 of the Convention; exhaustion of domestic remedies, in detail (in French)), and the four-month time limit then runs from the final domestic decision.
Will my name be made public?
In principle, yes: documents deposited with the Registry are accessible to the public (Rule 33), and information in the form may appear in HUDOC when it is included in a statement of facts, a decision or a judgment. Anonymity must be requested in the form, giving the reasons for departing from public access; the Court may authorise it or decide to grant it of its own motion (Rule 47 § 4), and the notes on the form specify that it does so in exceptional and duly justified cases. It applies only vis-à-vis the public: an anonymous application, which does not allow the Court to identify its author, is not dealt with (Article 35 § 2 (a) of the Convention).
Can the Court annul or suspend the French decision?
Annul, no. The notice Your application to the ECHR ↗ says so plainly: “under no circumstances will the Court annul a national court decision”. Suspend, not merely because an application has been lodged, which has no suspensive effect: final national decisions must be enforced, even when an application is lodged. Only exceptional circumstances, in the event of an imminent risk of irreparable harm to a protected right, allow the Court to indicate, under Rule 39, an interim measure binding on the State, for example suspension of a removal while the application is examined.
How long does the procedure take?
The notice Your application to the ECHR ↗, which does not bind the Court, states that it is possible to give neither an average processing time nor an approximate date of examination: the length depends on the case, the formation examining it, the diligence of the parties and other factors. As the procedure is written, going to Strasbourg neither allows you to present your case there nor speeds up its examination. The SOP (state of proceedings) ↗ search engine shows the stage an application has reached; the steps are described above.
Can the Court tell me whether my application is likely to succeed?
No. According to its information notice, the Court cannot indicate an application’s chances of success: only its decision or judgment settles that point. Nor does it give legal advice on steps to be taken at national level.
Can a decision of inadmissibility be challenged?
No. Decisions of inadmissibility are final, and that of a single judge expressly so (Article 27 § 2 of the Convention, Rule 52A). A new application that is substantially the same is not dealt with if it contains no new facts (Article 35 § 2 (b) of the Convention).
What happens after a judgment finding a violation?
The State must abide by the final judgment (Article 46 § 1 of the Convention), under the supervision of the Committee of Ministers described at the execution step (the supervision process ↗). The judgment may also award just satisfaction, which is never automatic (Article 41 of the Convention).
Does a judgment finding a violation allow the trial to be reopened in France?
In some cases. In criminal matters, re-examination of a final decision may be requested for the benefit of any person convicted of an offence where it follows from a judgment of the Court that the conviction was handed down in breach of the Convention and that, by its nature and seriousness, the violation entails harmful consequences which just satisfaction could not end (Article 622-1 of the Code of Criminal Procedure ↗, in force until 1 January 2029: on that date, Ordinance No. 2025-1091 of 19 November 2025 rewrites the legislative part of the code without changing the law, and re-examination will be renumbered). In civil matters, it is only available for final decisions concerning personal status, for the benefit of any person who was a party to the proceedings and has an interest in requesting it, and under the same condition as to the nature and seriousness of the violation (Article L. 452-1 of the Code of Judicial Organisation ↗). In both cases, the request must be made within one year of the Court’s decision, and re-examination of an appeal to the Court of Cassation may be requested under the same conditions.
A question specific to your case calls for an analysis of the documents: present your situation to the firm.
Our work
ECHR applications handled by the firm.
The work is defined according to the nature of the case, its stage and the client’s objectives.
- Preliminary analysis of admissibility.
- Identifying and framing the Convention complaints.
- Careful calculation of the four-month time limit.
- Preparing the form and the list of documents.
- Following up exchanges with the Court after the application is lodged.
A structured approach, from the first document to the decision.
A clear chronology and organised documents make it possible to distinguish urgency, possible negotiation and the useful litigation route.
- 01Reconstruct the domestic chronology.
- 02Identify the final domestic decision.
- 03Link each complaint to a Convention right.
- 04Check the form, signatures and annexes.
The preliminary written consultation allows an informed decision on whether to apply.