Article 3 of the European Convention on Human Rights: A Practitioner’s Handbook
This includes the requirement that the information contained in the application form “should be sufficient to enable the Court to determine the nature
and scope of the application without recourse to any other document” and a
new maximum number of 20 pages for additional factual or legal statements.482
One must also bear in mind that only substantive complaints contained in a timely
communication to the Court are considered submitted in time;483 later allegations
can only be examined if they are particular aspects of the initial complaints raised
within the time-limit.
It must also be stressed that the six (four)-month rule, together with the rule of
exhaustion of domestic remedies, is probably the most frequently used formal
ground of inadmissibility; the Court applies it of its own motion484 and a respondent Government cannot waive it.485
c) The Starting Point of the Six (Four)-Month Period
The six (four)-month rule is closely connected with the rule of exhaustion of domestic remedies as the moment on which the six (four)-month period starts to
run depends on the existence or the lack of domestic remedies. As a general rule,
a complaint must be submitted to the Court within six (four) months from the
day following the final domestic court decision rendered in relation to that complaint.486 However, different practices of the domestic courts in the Contracting
Parties – and, indeed, varying practices between different courts within the same
Contracting Party – have made it impossible to apply a uniform rule in every case
and have led the Commission and the Court to devise the following rules in relation
to each scenario with which they have been confronted.
i. Where Domestic Remedies Exist
The six (four)-month period starts to run from the day on which the judgment
was rendered orally in public, meaning that the following day is the first day
of the six (fourth)-month period. 487 However, where an applicant is entitled to
be served ex officio with a written copy of the final domestic decision, the sixmonth period starts to run on the date of service of the written judgment,488
482
483
484
485
486
Rule 47 2 (a) and (b) of the Rules of Court (1 January 2014).
Richard Roy Allan v. the United Kingdom (dec.), no. 48539/99, 28 August 2001.
Soto Sanchez v. Spain (dec.), no. 66990/01, 20 May 2003.
Walker v. the United Kingdom (dec), no. 34979/97, 25 January 2000.
In calculating the six-month time limit, regard must also be had to the explanations in section iii
below; the time spent on exhausting an ineffective remedy may result in the six-month time limit
being missed.
487 Loveridge v. the United Kingdom (dec.), no. 39641/98, 23 October 2001.
488 Worm v. Austria, no. 22714/93, 29 August 1997, §§ 32–33.
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