Neglect of national remedies as a one hundred percent way to lose the case in the ECTHR

04/ 08/ 2021

Author: Dynasty Law & Investment company For some reason, the image of the European Court of Human Rights as a kind of shelter for those who did not find the truth in national courts, the Wailing Wall for those who were not helped by the state to protect their rights, is firmly rooted in the minds of citizens. Given the low level of public confidence in the Ukrainian judicial system, many of our fellow citizens, going to court, from the very beginning see the consideration of their case in the ECtHR, where they will definitely understand everything and award compensation for violated rights. This approach often leads to the fact that a person who needs the protection of the state, represented by law enforcement agencies or the court, from the beginning of his case, treats his own procedural responsibilities and capabilities in some way, because he still plans to find the truth in the ECtHR. . And for this reason the case in the European Court loses even without consideration as the complaint will be declared inadmissible and will be returned. The ECtHR accepts an application only after the person has exhausted all domestic remedies, and the applicant must comply with national rules and procedures. It should always be remembered that the ECtHR does not replace national courts and does not establish the truth in your case. The task of the ECtHR is to decide whether the State has made efforts to protect the human rights guaranteed by the Convention on Human Rights and Fundamental Freedoms, but with the passive conduct of the applicant himself, no State will help to protect his rights. Therefore, if you intend to apply to the ECtHR in the future, because you do not believe in the effective restoration of your rights by a national court, you need to timely and fully exercise the right to appeal actions or omissions, decisions of national courts. & Investment Firm. And remember that from February 1, 2022, the period for applying to the ECtHR will be reduced from 6 to 4 months from the date of the final decision on your case. Applications submitted after this deadline will not be accepted for consideration.

Author: Dynasty Law & Investment company

For some reason, the image of the European Court of Human Rights as a kind of shelter for those who did not find the truth in national courts, the “Wailing Wall” for those who were not helped by the state to protect their rights, is firmly rooted in the minds of citizens.

Given the low level of public confidence in the Ukrainian judicial system, many of our fellow citizens, going to court, from the very beginning “see” the consideration of their case in the ECtHR, where they will definitely understand everything and award compensation for violated rights.

This approach often leads to the fact that a person who needs the protection of the state, represented by law enforcement agencies or the court, from the beginning of his case, treats his own procedural responsibilities and capabilities in some way, because he still plans to “find the truth” in the ECtHR. . And for this reason the case in the European Court loses even without consideration as the complaint will be declared inadmissible and will be returned.

The ECtHR accepts an application only after the person has exhausted all domestic remedies, and the applicant must comply with national rules and procedures. It should always be remembered that the ECtHR does not replace national courts and does not establish the truth in your case. The task of the ECtHR is to decide whether the State has made efforts to protect the human rights guaranteed by the Convention on Human Rights and Fundamental Freedoms, but with the passive conduct of the applicant himself, no State will help to protect his rights.

Therefore, if you intend to apply to the ECtHR in the future, because you do not believe in the effective restoration of your rights by a national court, you need to timely and fully exercise the right to appeal actions or omissions, decisions of national courts. & Investment Firm. And remember that from February 1, 2022, the period for applying to the ECtHR will be reduced from 6 to 4 months from the date of the final decision on your case. Applications submitted after this deadline will not be accepted for consideration.