An assignment on effectiveness of European court of human right.

Course title: Human Rights Law

Course no: LJ3103

Submitted to: Submitted by:

Md.Mosharraf Hosen Alamgir

Lecturer, ID: 182801

Khulna university, Khulna 3ed year 1st term.

Law Discipline Law Discipline

Khulna University Khulna university, Khulna

\LKKH

Submission date: 10/08/2021

Contents
Introduction: ........................................................................................................................................... 2
Structure of the European court of Human Rights: .................................................................................. 2
Jurisdiction of the international court of Human rights: ........................................................................... 2
Procedure of the court: ........................................................................................................................... 3
Main stages of the procedural of the European court of human rights:.................................................... 3
Judgment of European court of human right: .......................................................................................... 4
Satisfactory award: .................................................................................................................................. 4
Execution of judgments: .......................................................................................................................... 4
Whether European court of human right has or fruitful effectiveness or not: .......................................... 4
Binding force on the high contracting party: ........................................................................................ 4
Strong court system:............................................................................................................................ 4
Fairness of the judges .......................................................................................................................... 5
Due execution of judgment ................................................................................................................. 5
No cost in any stage of suit: ................................................................................................................. 5
Conclusion:.............................................................................................................................................. 5
Introduction:
The European court of human rights is the court of law of the council of Europe to ensure the
human rights which have been set out in the European convention of human right. The European
court of human right examine the violation of human right enumerated in European convention
of human rights by the application of victim and guarantees the human right .

Structure of the European court of Human Rights:

For the purpose of resolve the cases European court of human right has been divided into 4
categories. Each court has a president and vice president and a number of judges. The formation
of each court is below.

Single judge court: rule on the admissibility on the application and declare in inadmissible on
ground of material submitted to the court.

Committee : the committee consist of three judges rule on the admissibility of cases as well as
the merits when the case concern an issue covered by well-known case law.

Chamber: consist of seven judge’s rule on the admissibility and merits of cases that raised issue
that have not been ruled repeatedly.

Grand chamber: composed of 17 judges the grand chamber hears a small number of cases either
it relinquished by the chamber or referred to here under article 47. And give opinion on the
question of interpretation of court.

Jurisdiction of the international court of Human rights:

The jurisdiction of the court has been enumerated in section 32, 33, 34, 46 and 47.

Article 32 provides that the jurisdiction of European court of human right shall extend to all
matters concerning the interpretation and application of the convention:

 Application by the high contracting party under Article 33

 Application by individual under Article 34
 Referral by the committee of. ministers of the council of Europe regarding interpretation
and execution under section 46.
 Request by the committee of ministers for advisory opinion.

A person lodge an application if he considers that he has personally and directly been the victim
of violation of the right and guarantee set out in the convention or its protocols. The alleged
violation must have been committed one of the state bound by the convention.
The victim person must have used all the remedies provide by the concern state court for the
redress in this aroused situation and take it from higher court from the concern state.

If the remedies is not enough for the victim he lodge an application within four month to the
European court of human rights from the final decision of the state court against the state bound
by the European convention of human rights .

Procedure of the court:

 Under Article 34 the court receive an application from any person, non-governmental
organization or group of individuals claiming to be the victim of the violation by one of
the high contracting parties of the right set forth in the convention or protocol.
 Under Article 27 a single judge may declare the inadmissibility of above application
without any further examination the decision shall be final |
 If the court does not declares it inadmissible forward it to the committee or to the
chamber for the further examination
 Under Article 28 the committee may declares inadmissible or admissible or may give
opinion under in the question of interpretation by well-established case law by the court.
 If the court declared it inadmissible it will be the final decision.
 According to section 29 if no decision is taken by the single judge or committee the
chamber shall decide on the admissibility the merit of the application submitted under
article 34
 It is also describe in article 29 a chamber shall decide the admissibility and the merit of
the inter-state application under article 33.
 If any question of interpretation arise before chamber regarding the European convention
of human rights it, the chamber relinquished the jurisdiction to the grand chamber for the
purpose of interpretation.
 Under article 31 the grand chamber shall determine application under Article 34 or when
the chamber relinquished the jurisdiction to the grand chamber or when the case has been
referred to the grand chamber under article 47.

Main stages of the procedural of the European court of human rights:

 Firstly the court examine whether your application is admissible or not ,compare with
certain requirement set out in the convention .if your requirement are not satisfied your
application will be rejected
 If your application is declared inadmissible that decision is the final which cannot be
reserved.
 If your application is declared admissible the court encourage the parties to reach a
friendly settlement .if no settlement is reached the court will considers the application on
its merits and it will determined whether or not there has been a violation of convention
Judgment of European court of human right:
 The judgment of the chamber will be final according to Article 44 (2) subject to the
following conditions:
 When the parties declared that they will not request the case is referred to the grand
chamber
 Within three months from the date of the judgment the case to the grand chamber has not
been requested.
 When the panel of grand chamber reject request under Article 43.
 The judgment will be published.

Satisfactory award:
Under Article 41 if the court finds the violation of the convention or the protocol the court allows
the high contracting party reparation to be made. On the hand if the court find there has been no
violation the victim will not have pain the expenses

Execution of judgments:
Under section 46 the high contracting party undertake to abide by the final judgments of the
court in any case to which the party .The committees of minister supervise it for the purpose of
execution 44(2)

If the high contracting party refused to obey the judgments the court give a formal notice to party
by decision of majority of the committee of ministers refer to the question whether the party has
failed to fulfill its obligation.

Whether European court of human right has fruitful

effectiveness or not:
European court has a fruitful effectiveness for the following reasons:
Binding force on the high contracting party:
According to article 46(1) the high contracting parties undertake to abide by the final judgment
of the court in any cases to which they are party.

Strong court system:

It has four categories of court that maintain the hierarchy every applicant can reach in every
court step by step to get proper remedies for the violation of any right set out in the convention.
Fairness of the judges:

According to section 20 of the European convention of human rights the judge shall be high
moral character it also ensue high qualification of high judicial office. Further ensure that during
the time of his office the judge shall not engage any activity which may arise the question of
partiality.

Due execution of judgment:

The judgment of the court supervise by the committee of ministers for purpose of due execution
and the party fail to execute it the give notice to party for execution.

No cost in any stage of suit:

European court of justice ensure the easy access to justice by refunding the expenses and make
free all expenses in the European court of human .

Conclusion:
European convention of human rights has been implement its rights through the ECHR which is
designed to protect the protect the harm while the case proceeds before the court. Where the
state court fail to give proper remedy the European court of human rights give a proper to ensure
human right .