ECHR Precedent Decisions: Cases, Analysis and Strategic Use

Summary: In-depth analysis on precedent decisions changing ECHR's course, critical cases regarding Turkey and how to use these decisions strategically in applica...

In-depth analysis on precedent decisions changing ECHR’s course, critical cases regarding Turkey and how to use these decisions strategically in application process.

Introduction

European Court of Human Rights (ECHR), with its decisions, not only remedies individual grievances but also establishes strong jurisprudence shaping legal systems of member states. These precedent decisions offer a roadmap on how European Convention on Human Rights should be interpreted. Understanding precedent decisions correctly and using them strategically can contribute significantly to strengthening legal foundations of an application and increasing quality of argumentation; however, result of every application ultimately depends on characteristics of concrete event and Court’s independent evaluation.

1. What is Precedent Decision (Case-Law) and Why is it Important?

Although ECHR is not bound by a strict ‘stare decisis’ (adherence to previous decisions) principle like in Anglo-Saxon legal system, it attaches great importance to its own jurisprudence to ensure consistency and legal predictability in its decisions. A precedent decision forms a reference point for future similar cases and shows how relevant article of Convention is interpreted.

2. Classic Decisions Shaping ECHR Jurisprudence

Some decisions have become cornerstones of ECHR jurisprudence with message they give and impact they create. These decisions have defined spirit and scope of different articles of Convention.

Marckx v. Belgium (1979)

Area: Family Life and Prohibition of Discrimination. By ruling that inheritance and kinship rights of a child born out of wedlock must be equal to those born within wedlock, it interpreted family concept with a modern perspective.

Golder v. United Kingdom (1975)

Area: Right to Fair Trial. By stating that right of access to court is an inseparable part of right to fair trial (Article 6), it expanded scope of this right.

Handyside v. United Kingdom (1976)

Area: Freedom of Expression. By emphasizing that freedom of expression covers not only favorable or harmless information but also those that are ‘shocking, disturbing or alarming’, it defined foundation of democratic society.

3. Precedent Decisions of Critical Importance for Turkey

Turkey is one of the countries with most cases at ECHR. Therefore, many decisions given against Turkey carry precedent quality for both individual cases and general law reforms.

Important Jurisprudence Areas Affecting Turkey:

Loizidou v. Turkey (1996): This decision given regarding property rights in Cyprus is a fundamental jurisprudence on continuing nature of property right violations and jurisdiction of state.
Demir and Baykara v. Turkey (2008): This Grand Chamber decision confirming that right to form trade union and collective bargaining is an essential element of freedom of association (Article 11) is an international reference.
Freedom of Expression Decisions: Decisions stating that numerous convictions given as result of broad interpretation of anti-terror laws violate freedom of expression form an important jurisprudence body in this area.
Fair Trial Decisions: Decisions given on issues such as presence of military judges in State Security Courts or trials not being concluded in reasonable time have triggered reforms in judicial system.

4. How to Use Precedent Decisions in Application Strategy?

In an ECHR application, telling only facts of your own case is not enough. Showing why these facts constitute a rights violation by referring to existing ECHR jurisprudence increases power of application manifold.

1. Research

Find similar cases and precedent decisions in HUDOC database with keywords related to your case.

2. Analysis

Analyze legal principles (legal reasoning) in decisions you found and which criteria Court looked at.

3. Argument Development

Develop legal arguments explaining how your own case overlaps with conditions in precedent decision or in which aspects it separates from it.

4. Integration to Application Form

In relevant sections of application form, refer directly to precedent decisions (with case name and application number) to support your arguments.

Effect of ECHR Decisions on Turkish Law

Precedent decisions given by ECHR against Turkey have led to important changes not only on international platform but also in national legal system. Establishment of individual application system to Constitutional Court can be seen as reflection of these decisions.

Reforms Made in National Law

Main reforms realized in Turkish legal system in line with ECHR decisions are:

Establishment of individual application system with 2010 Constitutional amendment and strengthening of domestic remedies.
Abolition of State Security Courts and raising fair trial standards.
Regulations made towards balancing anti-terror laws with freedom of expression.
Shortening of detention periods and strengthening of right to trial within reasonable time.
Reinforcement of direct applicability of European Convention on Human Rights in domestic law.

Special Importance of ECHR Grand Chamber Decisions

ECHR Grand Chamber decisions carry higher authority than normal Chamber decisions and form important turning points in case-law. Grand Chamber usually steps in when a new legal problem arises or there are jurisprudence differences between Chambers.

Applicants can strengthen seriousness and legal basis of their applications by showing to what extent their own cases overlap with Grand Chamber decisions. For example, Grand Chamber decisions like Demir and Baykara v. Turkey have formed basis of all subsequent applications related to trade union rights.

Comparative Analysis of Precedent Decisions

When preparing a legally sound ECHR application, conducting comparative analysis of similar cases carries critical importance. Similarities and differences between situation of applicant and situations in precedent decisions should be examined in detail.

Comparative Analysis Steps

Fact Similarity: Determine to what extent events in your application overlap with events in precedent decisions.
Legal Criteria Application: Evaluate whether criteria ECHR applied in precedent decision are valid in your case too.
Management of Differences: If there are elements different from precedent decision in your case, explain with logical justifications that these differences will not affect result.
Developing Jurisprudence: By taking into account current decisions ECHR gave on same subject after precedent decision as well, show how jurisprudence evolved.

FAQ

What is the most important precedent decision of ECHR? Although there is no single ‘most important’ decision, decisions like Marckx/Belgium, Golder/UK and Handyside/UK are accepted as cornerstones in interpretation of Convention.

What are best known ECHR decisions regarding Turkey? There are hundreds of important decisions regarding Turkey. Loizidou/Turkey, Demir and Baykara/Turkey and numerous freedom of expression and fair trial cases have affected Turkish legal system deeply.

Are ECHR decisions binding for national courts? Yes, ECHR decisions are binding for party states. Pursuant to Article 90 of Constitution, international treaties have force of law and ECHR jurisprudence should be taken into account by national courts.

Do precedent decisions guarantee winning an application? No, they don’t. Precedent decisions are strong legal arguments but every case is evaluated within its own concrete conditions. Finding a similar precedent can strengthen basis of legal arguments; nevertheless result always depends on evidence of case, concrete conditions and independent evaluation of Court.

Can ECHR jurisprudence change over time? Yes, ECHR adopts ‘living instrument’ doctrine. This means Convention is interpreted according to today’s conditions and jurisprudence can evolve parallel to social and technological developments.

What does it mean for an ECHR decision to be ‘pilot judgment’? Pilot judgment is a decision determining a structural problem causing numerous applications of same nature in a country. With this decision, Court notifies state that it must take general measures to solve problem and suspends similar applications.

How can I access ECHR decisions? All ECHR decisions can be accessed free of charge via HUDOC, official database of Court.

On which subject does most violation decisions come out against Turkey? Historically, areas where most violation decisions are given against Turkey are right to fair trial (especially length of trial period), freedom of expression and protection of property rights.

How can I use ECHR decision at national level? ECHR decisions can be presented as precedent in an ongoing case, used as evidence when making individual application to Constitutional Court or shown as justification for a law amendment request.

What is the difference of Grand Chamber decisions? Grand Chamber is highest decision body of ECHR. It examines objections made to Chamber decisions or cases containing serious problems regarding interpretation of Convention. Grand Chamber decisions are final and have highest weight in ECHR jurisprudence.

Expert Legal Support: Analyzing ECHR jurisprudence and precedent decisions correctly forms foundation of an application. Establishing relationship of these decisions with your case and developing strong legal arguments is a process requiring expertise.

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