Consideratii privind conditiile de admisibilitate ale cererilor individuale adresate curtii europene a drepturilor omului Cover Image
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Considerations on the admissibility conditions of the individual claims brought before the European Court of Human rights
Consideratii privind conditiile de admisibilitate ale cererilor individuale adresate curtii europene a drepturilor omului

Author(s): Corina Petica Roman
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: individual applications; victim of violation; claiming; admissibility criteria; domestic remedies; six months period of time; inadmissible

Summary/Abstract: The European Court deals with cases in which an individual has not received adequate redress for violations in the courts in his or her country, or has been unable to access the national justice system. Any Member State or individual may lodge a complaint with the Court alleging a breach of rights in the Convention by a Contracting State. In order for the Court to consider your application, it must meet certain criteria: 1. You must be a victim of a violation of one or more of the articles of the Convention. This usually means you will be a direct victim of a violation, although sometimes it is sufficient to show you are likely to be affected by a violation or that you belong to a group of people which is likely to be affected. 2. You must try all possible domestic remedies in your own country before applying to the European Court of Human Rights. 3. Any application must be made within six months of the conclusion of any court proceedings that you have taken in your own country that could have provided you with a remedy or, if there were no proceedings that it was reasonable to expect you to take, within six months of the event which gives rise to your application. In recent years, the European human rights protection system has faced a number of challenges. This is not surprising given that it was established in the 1950s and human rights standards have gained considerably in importance since that time. The system became seriously overburdened as a result of a sharp increase in the membership of the Council of Europe and a general increase in applications to the Court of Human Rights following the development of human rights standards and greater awareness of the possibility of bringing complaints to this forum. Sometimes procedure is not easy to use and understand by individuals, therefore they fail in applications.

  • Issue Year: 2009
  • Issue No: 02
  • Page Range: 65-70
  • Page Count: 6
  • Language: Romanian
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