International human rights law: Ecovis represents clients before the ECHR

The decisions of the highest national courts in individual states do not always result in a case being brought to a fair conclusion. In order to ultimately receive justice, those affected can appeal to the European Court of Human Rights (ECHR). The experts from the Ecovis international human rights law firm in Strasbourg explain how this can help.

The ECHR has long been seen as a model of justice and the last resort against state arbitrariness. At the same time, recently published ECHR statistics for 2023 show that a huge number of applications (10,600) were rejected at the preliminary stage because they did not comply with content requirements or deadlines. And of the 38,260 cases reviewed, only 1/5 were decided on their merits (6,931), while the vast majority were declared inadmissible or removed from the list of cases.

Since the Convention for the Protection of Human Rights and Fundamental Freedoms is a living organism and ECHR case law is constantly evolving, proper understanding and application can help avoid such problems.

The ECHR is empowered to consider applications from states party to the Convention, as well as applications from individuals or complaints from legal entities (e.g. associations) and non-governmental organisations.

The tasks of the ECHR

Only the conduct of a state which has violated fundamental rights and freedoms or failed to ensure their protection is subject to appeal. The ECHR does not consider applications against individuals or non-governmental organisations and is not a court of the “4th instance”.

In addition, the Court can only consider a case after all domestic options have been exhausted, and the time limit for filing an application is just four months from the date of the final decision in the case by the national judicial authorities. International human rights law firms can support clients in submitting complaints correctly by the relevant deadlines.

We have been representing clients before the European Court of Human Rights for many years and would be happy to advise you.

Roland Giebenrath, lawyer, Dr. Giebenrath Rechtsanwälte/Avocats – Member of ECOVIS International, Strasbourg, France

Typical cases dealt with by the ECHR

And although a significant proportion of cases pending before the ECHR are complaints by individuals, more and more legal entities (or their associations) that have suffered violations of their property rights are appealing to Strasbourg, for example in the case of:

• protection of their rights, including the confiscation of goods (AKPAZ Limited v. Türkiye, No. 6800/09, 2022)
• non-recognition by the state of property acquired in good faith (ATIMA Limited v. Ukraine No. 56714/11, 2023)
• non-enforcement of an arbitral award made by the International Chamber of Commerce (BTS Holding, A. S. v. Slovakia, no. 55617/17, 2022)
• failure of the state to fulfil its positive obligations to protect property rights even in disputes between individuals or companies (SOVTRANSAVTO Holding v. Ukraine no. 48553/99, 2002)

To have a better chance of success in obtaining fair treatment, reaching an amicable settlement or recognition of the violation of rights, those affected should have their interests represented by experts from human rights law firms with many years of experience in representing clients before the ECHR.

For further information please contact:

Roland Giebenrath, lawyer,
Dr. Giebenrath Rechtsanwälte/Avocats – Member of ECOVIS International, Strasbourg, France
Email: strasbourg-law@ecovis.com