ECtHR Post-Application Procedure: Review and Decision Stages

Summary and Key Information

ECtHR Post-Application Procedure: Review and Decision Stages - Guide: After an application is lodged, it goes through several critical stages of examination.

1. Administrative Phase and Filtering

Upon receipt, the Court’s Registry checks if the application form is complete (Rule 47). Incomplete applications are disposed of administratively without a judicial decision.

2. Inadmissibility Decision (Single Judge)

If the application is clearly inadmissible (e.g., missed the 4-month deadline, manifestly ill-founded), a Single Judge declares it inadmissible. This decision is final and cannot be appealed. The applicant is notified by a simple letter.

3. Communication to the Government

If a Chamber or Committee finds the case potentially admissible and requiring an answer, it communicates the case to the Respondent Government.

• The Government submits its written observations on admissibility and merits.
• The Applicant is invited to submit observations in reply and claims for just satisfaction.

4. Friendly Settlement

At any stage, the Court may place itself at the disposal of the parties to reach a Friendly Settlement. If agreed, the case is struck out of the list.

5. Judgment

If no settlement is reached, the Court issues a Judgment:

• Chamber Judgment: It decides whether there has been a violation.
• Grand Chamber: For exceptional cases or referrals.

Conclusion

The process can take years. Professional follow-up during the written observations phase is critical for success.

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