European Court of Human Rights: Protecting Fundamental Freedoms

1. Unit 14 The European Court of Human Rights The European Convention for the Protection of Human Rights and Fundamental Freedoms The Council of Europe

2. The Council of Europe (Vijeće Europe) • The Council of Europe - founded 5 May 1949 -47member states today - the aim of this international institution is cooperation of member states to the purpose of economic and social development • seatin Strasbourg, France “Palace of Europe” The Council of Europe IS NOT AN INSTITUTION of the EU(both of them use, however the same flag and the anthem Ode to Joy). INSTITUTIONS OF THE EU ARE: The Council of the European Union Vijeće Europske unije / Vijeće ministara The European Council (heads of states) Europsko vijeće

3. The European Convention – a big achievement of the Council of Europe • The Convention lists fundamental freedomsand human rights • 15 member states of the Council signed the Convention in Rom 4 November1950 • it entered into force 3 September1953 → enforcement of the rights already stated in the United Nations Declaration of Human Rights adopted in 1948 • The signing and ratification of the Convention is a precondition for the membership in the Council of Europe • Croatia has signed it and has been a member of the Council since 6 Novemeber 1996, ratificationoftheConvention – 5. 11. 1997

4. Which institution has the mission to enforce the Convention? The European Court of Human Rights in Strasbourg

5. Who canseekprotectionofthe Court? Potentialapplicants are: 1. an individual person or an organisation (a company, an NGO, association or other legal entity) 2. a state– when a state lodges an application against another state itis called an inter-state application

6. Prerequisits for a complete application • the applicant suffered a significant disadvantage (the statement of the facts of the case) • the statement of alleged violations(s) of the Convention and/or its Protocols; • Information/report about exhausted remedies in the country of the applicant, including appeals. • a six-month time limit to address the ECtHR (startingfromthe date of the final decision of the domestic courts)

7. The judges of the ECtHR • elected by the Parliamentary Assembly of the Council of Europe upon the proposal of three candidates from each member state. • The Court - organised in five sections, each having a judicial chamber. • The 47 judges of the Court work in four different groups or judicial formations

8. Workofthejudges – 4 formations • a single judge - can decide about the admissibility of an application; • a committee, composed of 3 judges - can rule on the admissibility of cases as well as merits; • chamber of 7 judges decides about cases involving more complex issues • a grand chamber, composed of 17 judgeshears a small number of special cases mostly referred to it in an appeal procedure, or sent to it by a chamber because of the importance and novelty of the question raised in the case.

9. Procedure at the Court ADMISSIBILITY STAGE • the Court decides about admissibilityof valid applications . • POSSIBLE PROBLEMS: - non-exhaustion of domestic remedies - non-compliance with the six-month time-limit - other admissibility criteria have not been met it can declare a case inadmissible. THE MERITS STAGE • a state party is notified of the complaint and both parties have the opportunity to submit their observations, relevant information or material to the Court.

10. Thepossibleoutcomesofthe procedure… • to apply for an amicable agreement 2. A judgement delivered by a chamber becomes final after the expiry of a three-month period 3. the applicant or Government may request the referral of the case to the Grand Chamber in an appeal procedure. →The judgment of the Grand Chamber is final.

11. Analysethefollowingexpressions • to claim to be a victim of the violation of the Convention • to lodge an application with the Court • the breach of the Convention rights • individual applicants / state applications • to declare an application admissible/non-admissible • to institute civil proceedings • the lenght of civil proceedings • the case lies dormant • the court of first instance deliveres judgement • to obtain a final decision within a reasonable time • a violation of the article xy

12. Vocabulary practice – fill in the gaps. • The Member States of the Council of Europe _________ and ________ the Convention for the Protection of Human Rights and Fundamental Freedoms. • The _______________ of human rights is an aim of the UN Universal Declaration of Human Right as well as of the European Convention of Human Rights. • Judges of the ECtHR do not __________ any State and they have to act according to the principles of ___________ and ____________. • The number of judges in the ECtHR is equal to the number of ____________ States. 5. All the documents have to be __________ with the Court's Registry and they are __________ to the public. 6. Any individual can submit an ____________ at the ECtHR. 7. A __________ or ____________ of the Convention rights can be claimed by an individual or by a Contracting State. 8. Chambers of the ECtHR decide about the _____________ of an application. 9. There is a ________ ________ option for applicants who can not afford legal representation. 10.Right to a fair trail (Article 6) states that everyone is ____________ to a fair and public hearing within a reasonable time.

13. Article 6 of the European Convention • In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement shall be pronounced publicly by the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

14. Article 6 of the European Convention – PART II • Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. • Everyone charged with a criminal offence has the following minimum rights: • (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; • (b) to have adequate time and the facilities for the preparation of his defence; • (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; • (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; • (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

15. Case study, read the case p. 63 and answer the following questions. • Who is the applicant? • What kind of application is it? • Who is the other party in the dispute? • When was the application lodged with the European Court? • What was the reason for lodging the application? • Which right has been violated according to the applicant? • What was the decision of the European Court?

16. Translate into English: PREDMET RAJAK PROTIV HRVATSKE Postupak je pokrenut na temelju zahtjeva (br. 49706/99) protiv Hrvatske, a podnio ga je hrvatski državljanin Rajko Rajak (podnositelj zahtjeva) Europskom sudu za ljudska prava u skladu s konvencijom za zaštitu ljudskih prava i temeljnih sloboda dana 23. veljače 1999. Podnositelja zahtjeva je zastupao gosp. Zoran Novaković, odvjetnik iz Zagreba. Hrvatsku Vladu zastupala je njezina zastupnica, gđa Lidija Lukina-Karajković

17. Readthetextinthebook, p. 60 – 61 andanswerthefollowingquestions. • Which document was the basis for the development of the European Convention on Human Rights? • When was the European Convention signed? • Who signed the Convention? • Did the Convention enter into force at the moment of signing? • Which states normally ratify the Convention? • What is the main goal of the Convention as an international legal instrument? • Which European institution can decide about sanctions in case of the violation of human rights? • How wide is the influence of the Convention as a legal document? • How many judges work in the European Court of Human Rights? • Who elects the judges? • Are there any age limitations to judge office? • Who can lodge an application with the Court in Strasbourg in case of a breach of the Convention rights? • Which segments of the Court's work are public? • Is legal representation necessary for a procedure at the European Court of Human Rights? • Which are the official languages of the Court? • Can other languages be used?

18. Furtherreading on ECHR More information about the procedure in front of the ECHR can be found on the following link. • http://www.echr.coe.int/Documents/Guide_ECHR_lawyers_ENG.pdf Conduct a short research and report about additional information you have found.