The European Court of Human Rights
The European Court of Human Rights (ECHR and ECtHR) was established in 1959. The Court has 47 judges, one from each Member State.
The object of the Court is to ensure observance of the European Convention on Human Rights (ECHR) by members of the Council of Europe. The Court examines applications from both individual citizens and states alleging human rights violations. In recent years, the Court has passed more than 1,000 judgments annually.
A state is obligated not only in relation to the rulings passed against the state itself; all European states that have signed up to the Convention are under obligation to keep abreast of the rulings passed by the Court. In this way, the states are required to adjust their legislation and case law to bring them into line with the Court's rulings.
Denmark has been ruled against in several cases before the European Court of Human Rights, which sits in Strasbourg.
You have the right to complain to the European Court of Human Rights
Complaints may not be brought directly before the ECHR as a first instance.
Cases must first be closed by all of the state's own national complaint and appeal bodies. If a case is then brought before ECHR it must be described. This description must contain:
- a brief presentation of the complaint
- citation of the rights and/or freedoms alleged to have been violated
- a listing of the administrative and/or legal rulings passed by national authorities on the case.
The Court's central office acknowledges receipt of all applications. When the central office replies, it may request further information on the case. If the central office finds that the complaint (known as an 'application') is not admissible for examination by the Court, the applicant will be notified.
There is no requirement for legal representation when lodging a complaint, but if a case is found admissible for examination by the Court, the applicant must as a rule be represented by a lawyer.
Court procedure
When a complaint is received, it is registered with the ECHR as a formal complaint (application). From then on, the case is accessible to the public unless the ECHR decides that the case or parts of it should be subject to non-disclosure. An applicant may, however, request that their identity not be disclosed.
If the case is not dismissed, it will be examined by a so-called Chamber. The Chamber, composed of seven judges, requests the opinion of the Government concerned on the case. It may also summon the applicant and the state to a public hearing where the parties may put their positions forward.
In most cases, the Chamber will seek to bring about a 'friendly settlement' between the applicant and the Government. If this can be achieved, the Chamber closes the case by making a decision which describes the case and its resolution.
If settlement proves impossible, the Chamber must deliver a judgment. The case may also be sent before the Grand Chamber if the case raises an important question concerning interpretation of the European Convention on Human Rights, although this may be denied by the state or the applicant.
Appealing judgments by the Chamber
If the state or complainant assert that the Chamber's judgment is incorrect, they may each within three months after the judgment request that the case be sent before the Grand Chamber. A panel of five of the Grand Chamber's seventeen judges then decide whether to examine the case.
For citizens seeking to lodge a complaint, the Danish Institute for Human Rights recommends consulting the guidelines on the Danish Ministry of Justice website (in Danish) or the notes for applicants and the admissibility checklist in English on the website of the ECHR.