ECtHR — When to Apply to Strasbourg and How to Prepare an Application
When you face injustice before the domestic judicial system, and ordinary and extraordinary legal remedies in Serbia do not bring justice, the last instance to which citizens and legal entities may turn is theEuropean Court of Human Rights (ECtHR) in Strasbourg.
However, applying to this Court is not an automatic continuation of domestic proceedings. It is a highly formalized procedure with exceptionally strict admissibility criteria. Over90% of applications from Serbia are rejectedat the outset, most often due to procedural errors or unfamiliarity with the Court's rules.
How can you ensure your application does not end up among the rejected ones? In this text we explain in detail when you may apply to Strasbourg and what proper preparation of an application looks like.
When can you submit an application to the European Court of Human Rights?
The European Court of Human Rights does not function as a higher court that will review whether a domestic court incorrectly established facts or incorrectly applied the law, unless those decisions directly violated fundamental human rights protected by theEuropean Convention on Human Rights.
In order to have any basis for initiating proceedings, three key conditions must be met:
All domestic legal remedies have been exhausted– Before going to Strasbourg, you must exhaust all legal instances in Serbia. In practice, this means that you have gone through the ordinary courts, and in the vast majority of cases that theConstitutional Court of Serbiahas rendered a decision on your constitutional appeal (or that this legal remedy was ineffective in your specific case).
You are a direct victim of a violation of rights– An application may be submitted by an individual, group of persons or legal entity (company, association) that has been directly injured by a decision or omission of state authorities of the Republic of Serbia.
A right under the Convention has been violated– The most common reasons why citizens of Serbia apply to Strasbourg are:
Violation of the right to a fair trial (Article 6 of the Convention) – including trial within an unreasonable time and non-enforcement of domestic judicial judgments.
Violation of the right to peaceful enjoyment of property (Article 1 of Protocol 1).
Violation of the right to inviolability of the home, private and family life.
The most important rule: Strict deadline of 4 months
Important note:The deadline for submitting an application to the ECtHR is4 monthsfrom the date of adoption of the final decision of the highest domestic judicial instance (most often from the date of receipt of the decision of the Constitutional Court of Serbia).
This deadline is absolute and preclusive. If you are late by even one day, the Court will permanently reject the application, with no possibility of restitutio in integrum. Therefore, it is crucial to react immediately upon receipt of the final domestic judgment.
How is an application to Strasbourg prepared and submitted?
Proceedings before the ECtHR are initiated exclusively by means of theofficial application form. The Court applies the strict Rule 47 of the Rules of Court, which prescribes how the form must be completed.
Here are the key steps in preparation:
1. Completing the official form
The form must be completed in full and legibly. Each section (data on the applicant, data on the state against which the application is submitted, statement of facts, indication of violations of the Convention) must be precisely completed. A summary statement of facts and violations must fit within the prescribed number of pages of the form itself, while a more detailed analysis may be provided in a separate annex (up to 20 pages).
2. Assembly of documentation (Annexes)
Copies of all relevant decisions of domestic authorities (first-instance and second-instance judgments, constitutional appeal, decision of the Constitutional Court) are attached to the form, arranged inchronological order. Documents are not stapled or bound.
3. Sending by post
The application is sent exclusivelyby post(registered) to the address of the Court in Strasbourg. Electronic submission of initial applications by citizens is not provided for.
Why is engaging an attorney crucial for success before the ECtHR?
Although formally you may complete and send the application yourself, the statistic of over 90% of rejected cases clearly speaks to the complexity of this process. Engaging a specialized attorney provides you with key advantages:
Assessment of admissibility:An attorney will realistically assess whether in your case there is any violation of the European Convention at all and whether the formal conditions are met, saving you time and resources.
Legal argumentation:The Convention is not interpreted solely on the basis of its text, but through theextensive case law (jurisprudence) of the ECtHR. A successful application must contain references to analogous cases and judgments that the Court has already rendered in similar matters.
Elimination of formal errors:Omissions in completing the form or incomplete documentation mean automatic rejection. An attorney ensures one hundred percent technical and legal correctness.
Law Office Miković-Bosilj Pančevo – Your representative before the Court in Strasbourg
If you believe that your fundamental human rights, property rights have been violated before domestic courts, or that you have been tried within an unreasonable time, it is time for a professional analysis of your case.
Law Office Miković-Bosilj from Pančevoprovides complete legal support in proceedings before the European Court of Human Rights:
Detailed analysis of the prospects of success and admissibility of the application.
Professional preparation and drafting of the application in accordance with Rule 47.
Representation in the further course of proceedings and communication with the Court in Strasbourg.
Do not allow a procedural error to cause you to lose your chance for justice.[Contact us]in a timely manner so that we may analyze your case and ensure maximum protection of your rights before international institutions.