CONSTITUTIONAL COURT AND ECTHR APPLICATIONS

Anyone whose fundamental right, guaranteed by the Constitution and also covered by the European Convention on Human Rights, has been violated by a public authority. All administrative and judicial remedies provided by law must have been exhausted beforehand.

The application must be made within thirty days of learning of the final decision exhausting the remedies. Those who missed the deadline for a valid excuse may apply within fifteen days of the excuse ceasing to exist.

As a rule, no. For the ECtHR, an individual application to the Constitutional Court is a domestic remedy that must be exhausted. The application to the ECtHR must be lodged within four months of service of the Constitutional Court’s decision.

The Court orders that the violation and its consequences be redressed. This may take the form of a retrial and/or payment of compensation to the applicant.

Yes. Where there is a serious risk to the applicant’s life or physical or mental integrity, interim measures can be requested from both the Constitutional Court and the ECtHR.

The most common reasons are missing the deadline, failure to exhaust remedies, not raising the alleged violation at earlier stages and an incomplete application form. Careful and timely preparation of the application is therefore essential.