Article 3 of the European Convention on Human Rights: A Practitioner’s Handbook
2.1.2 Lodging the Application
After exhausting all domestic remedies, an application can be lodged before the
Court within six months after receipt of the final domestic decision. It is important
to add that upon entry into force of Protocol 15, this time-limit will be reduced to
four months.49 Applications have to be introduced using a special form, which is
available online.50 A copy of this form as well as a model application prepared on
the basis of hypothetical facts is at Appendix 5. An application has to be lodged by
submitting the completed application form by mail. Only upon receipt of this application form is an application considered being lodged. It is important to note that
since January 2014, only a completed application form interrupts the running sixmonth period.51 A simple letter does no longer satisfy the requirements of Article
35(1) of the Convention and cannot stop the six-month period. Only in exceptional
cases may the Court decide that a different date shall be considered to be the date
of introduction.52 Applicants finding the six-month period insufficient to compile
the necessary documents and to prepare the application form should inform the
Court of the difficulties and request an extension of the time limit.
When completing the application form, applicants should also pay attention to the
“Notes for filling in the application form”. This note can also be found in Appendix 5.53
Further reference must be made to the “Practice Direction on the Institution of
Proceedings” which also provides useful guidance on how to fill in an application form. This practice direction is included in Appendix 4.54 Using the standard
application form and completing it in compliance with the instructions in these
documents will help the Court to examine the application and will ensure that all
relevant information and documents required by Rule 47 of the Rules of Court are
included in the application.
Ideally, the application form should be typed. It can be filled in handwritten if legible. It is imperative that the facts, complaints, and steps taken to exhaust domestic
remedies are set out clearly and concisely and, as far as possible, in chronological
order. If the space reserved in the application form is not sufficient, applicants may
49
50
51
52
53
54
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Protocol 15 Protocol No. 15 Amending the Convention on the Protection of Human Rights and
Fundamental Freedoms is available at: http://www.echr.coe.int/Pages/home.aspx?p=basictexts
(last visited 23 July 2014).
European Court of Human Rights, “Apply to the Court”, available at: http://www.echr.coe.int/pages/
home.aspx?p=applicants&c= (last visited 23 July 2014).
Rule 47 § 6 (a) of the Rules of Court.
Ibid.
Also available online: http://www.echr.coe.int/Pages/home.aspx?p=applicants (last visited 23 July
2014).
Also available online: http://www.echr.coe.int/Documents/PD_institution_proceedings_ENG.pdf
(last visited 23 July 2014).
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