Request representation in the European Court of Human Rights (ECHR)
Appealing to the European Court of Human Rights (ECHR) is one of the most effective international mechanisms for protecting human rights. For individuals, entrepreneurs and companies in Poland, this procedure provides an opportunity to obtain justice even when national courts have exhausted their options or committed significant violations. However, applying to the ECHR requires a correct analysis of the situation, compliance with formal requirements and a deep understanding of European practice — which is why professional legal support is critically important.
When can you appeal to the ECHR?
Appeals to the ECHR are only possible under certain conditions, which applicants are often unaware of. Below is a brief list of criteria, but first it is worth noting that a proper understanding of the requirements helps to avoid automatic rejection of the complaint, which happens in most cases.
Before filing a complaint, you should ensure that the following key conditions are met:
- Exhaustion of all domestic remedies — a decision of the Supreme Court or other highest court of the country must have been obtained.
- A six-month deadline for filing an application after the final decision of the national court.
- Violation of the rights guaranteed by the Convention — freedom, privacy, fair trial, protection of property, etc.
- Individual nature of the application — the complaint is filed by the person whose rights have been violated, not by a third party.
Compliance with these criteria is mandatory: even a minor technical error will result in the case being dismissed.
Preparing an application to the ECHR: what the consultation includes
Preparing the application is the initial but one of the most important stages. Most applications are rejected precisely because of formal deficiencies. Professional consultation allows you to build a legal position, collect the necessary documents and present the facts in the correct structure in accordance with the requirements of the court. This significantly increases the chances of the application being accepted and the case being successful.
What is included in the preparation of the application:
- Analysis of the facts and decisions of national courts.
- Identification of articles of the Convention and ECHR practice that confirm the violation.
- Formulation of a legal position and arguments.
- Preparation of the application using the official form.
- Calculation of compensation and material damage.
This approach allows you to avoid mistakes and gather the necessary evidence in a logical form that is understandable to the court.
Conducting the case after filing the application
The process in the ECHR can take years, as the submission of an application is only the beginning of the most important stage of interaction. It is important to have a professional representative who maintains communication with the court, prepares additional materials and responds to requests.
What a lawyer does during the proceedings:
- Receives and processes requests from the ECHR for additional documents.
- Prepares written explanations, clarifications and responses to the government's position.
- Submits evidence, new documents and legal arguments.
- Accompanies negotiations on amicable settlement.
Professional support ensures effective representation and protects the client's interests at every stage.
ConclusionRepresentation in the ECHR is a complex but realistic way to restore violated rights. If the state has violated the guarantees of the Convention, legal assistance allows you to correctly file a claim, argue your position and bring the case to a successful conclusion. Consultant's specialists have experience in ECHR cases and provide full support at all stages of the process.