Eligibility Criteria for Individual Applications to the European Court of Human Rights

  • O. S. Rozumovskyi Kharkiv National University of Internal Affairs
Keywords: European Court of Human Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, Protocol to the Convention, Rules of Court Procedure, individual application, member of the Council of Europe

Abstract

The issue of the right to individual application by an individual or legal entity to the European Court of Human Rights has been considered. The author has stated the definition of the individual application enshrineed in the provisions of the Art. 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The author has analyzed the basic criteria and conditions of eligibility that individual applications must meet in order for these applications of individuals or legal entities to be eligible for consideration in the European Court of Human Rights. The author has provided the statistics of the European Court of Human Rights on the number of individual applications sent by international mail and entered in the register of the European Court of Human Rights over the past five years and the case law of the European Court of Human Rights, which has already been formed and continues to be formed on the criteria of inadmissibility and admissibility of individual applications. The author has studied the grounds, which are considered by persons who believe that their rights have been violated can apply individually to the European Court of Human Rights. The main documents that should be used to apply to the European Court of Human Rights have been analyzed. The basic conditions for the admissibility of an individual application, which must meet the requirements and deserve for further consideration by the European Court of Human Rights, have been studied. Scientific works, which cover in fragments certain aspects of the European Court of Human Rights, have been studied. The time from which a person should apply to the European Court of Human Rights has been indicated; and specific decisions of the European Court of Human Rights have been studied. The author has provided propositions to address certain issues related to the appeal to the European Court of Human Rights.

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Author Biography

O. S. Rozumovskyi, Kharkiv National University of Internal Affairs

Lawyer.

References

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Karaman I.V., 2017. European Court of Human Rights, European Convention on Human Rights and individual statements: a first acquaintance [Yevropeiskyi sud z prav liudyny, Yevropeiska konventsiia z prav liudyny ta indyvidualni zaiavy: pershe znaiomstvo]. 3rd ed. Kharkiv: Faktor.

Karaman I.V. and Kozina V.V., 2015. European Court of Human Rights, European Convention on Human Rights and individual statements: a first acquaintance [Yevropeiskyi sud z prav liudyny, Yevropeiska konventsiia z prav liudyny ta indyvidualni zaiavy: pershe znaiomstvo]. Kyiv: VAITE.

Published
2020-09-30
How to Cite
Rozumovskyi, O. S. (2020) “Eligibility Criteria for Individual Applications to the European Court of Human Rights”, Law and Safety, 78(3), pp. 38-44. doi: 10.32631/pb.2020.3.04.
Section
NATIONAL SECURITY AND HUMAN RIGHTS