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Case Admissibility in the ECtHR (2 Types of Cases (Inter-state Complaints…
Case Admissibility in the ECtHR
2 Types of Cases
Inter-state Complaints (Article 33)
Individual Complaints (Article 34)
Rules of Admissibility
Substantive Admissibility (within the Court's competence)
d) If the applicant has not suffered a "significant disadvantage" (Protocol 14, Art 35(3)b)
c) Subsidiarity
Adequacy and effectiveness of the domestic remedies
Respondent state has the burden of establishing adequate and effective remedies
Victim need not use inadequate or unavailable resources
Remedies do not necessarily have to be judicial
Victims are not required to use remedies that are doomed to failure or would not provide redress in "settled legal opinion"
Applicants cannot be excused from exhausting domestic remedies due to
Doubts about success of remedy
Faulty legal advice
Ignorance of an effective remedy
Insufficient means
Selmouni v France
Akdivar v Turkey
Castells v Spain
b) Repetition
Must not be factual sameness of a case to a previous decision deemed admissible or the subject of a friendly settlement
This does not apply where new information alters the factual basis for the complaint
a) ratione personae
A non-state body (Art 35(3)a)
Can be group complaints
United Communist Party v Turkey
Can be representatives of the victim
McCann v UK
Citizenship not required, only residency
D v UK
Ahmed v Austria
Applicant must be a victim and the defendant must be a state party to the ECHR
Potential victimhood (violation of a right without suffering actual detriment)
Norris v Ireland
Open Door & Well Woman v Ireland
Procedural Admissibility (in compliance with the Court's procedural regulations)
b) Anonymity - A complaint cannot be anonymous (Art 35(2)a)
c) Application must not be manifestly ill-founded (Art 35(3)a)
Manifestly ill-founded means a lack of substantiation or lack of prima facie Convention violation
Cases raising complex questions of law that are also of general interest are not manifestly ill-founded
a) 6- month rule - Complaint is only admissible if lodged within 6 months of the final domestic decision (Art 35(1))
Practical Problems
Time/Delay
Cost
Effective backlog of applications