The European Court of Human Rights shortens its referral deadlines by two months

From six to four months… The European Court of Human Rights (ECHR), the judicial arm of the Council of Europe on the continent, will shorten its referral deadlines by two months from 1 February, has she announced Monday.

This decision potentially concerns the 830 million people living in the 47 member countries of the Council of Europe, all signatories of the Convention for the Protection of Human Rights and Fundamental Freedoms, including European countries, Turkey, Russia and others. Ukraine again.

The ECHR is responsible for ensuring that these states comply with this text, a real cornerstone of the Council.

From February 1, 2022

“As of February 1, 2022, the deadline for bringing proceedings before the European Court of Human Rights will be no longer six months, but four months following the last court decision (…) rendered in a case, generally corresponding to a judgment of the highest court of the country concerned ”, indicates the Court in a press release. Technically, this change of deadline “results from Protocol No. 15 to the Convention”, which entered into force on August 1, 2021, according to the press release.

This Protocol provided for “a transitional period before the change in the time limit for referral is effective”, a period which will therefore end on 1 February, date from which “the applicants and their lawyers will have to comply with the new time limit for referral of the case. Court, failing which, their request will be declared inadmissible ”, specifies the Court.

“The time limit for referral to the ECHR within four months of the last court decision is one of the conditions for admissibility”, explains the pan-European court. This insists on the fact that “the non-respect, if only one of the conditions of admissibility, entails the inadmissibility of the request”.

Binding judgments for member states

Created in 1959, the European Court of Human Rights, whose judgments are binding on Council of Europe member states, is often called upon to rule in high profile cases, such as recently during the dissolution of the Russian NGO Memorial, or on societal issues.

It may also be called upon to rule in interstate cases, such as between Russia and Ukraine.