PART 2: How to Bring a Case to the Court
attending any possible hearings in Strasbourg. As explained above, applicants may
also apply for legal aid from the Court to cover – at least partially – their costs.261
2.1.22 Finding of a Violation
If the Chamber deems the application admissible, under the joint procedure it
will immediately move on to the judgment stage. It will receive a draft judgment
prepared under the instructions of the judge rapporteur, declaring the application
admissible and concluding whether there has been a violation of any of the Articles
of the Convention invoked by the applicant. A typical judgment concerning an
Article 3 complaint will consist of the following components:
Name of the case and of the Section, application number, names of judges of the
Chamber and name of the Section Registrar, date(s) of deliberations;
PROCEDURE: A summary of the proceedings, containing the name of the applicant
and that of the respondent Contracting Party;
THE FACTS, consisting of
I. THE CIRCUMSTANCES OF THE CASE: other details of the applicant, together with
the facts as submitted by the parties. If the facts are disputed between the parties
they will be set out separately. Documents submitted by the parties, in so far as they
are relevant, may also be summarised under this heading; and
II. RELEVANT DOMESTIC LAW AND PRACTICE;
THE LAW, consisting of
I. The applicant’s complaints; the parties’ arguments; any objections by the
Government to the admissibility of the case; the Court’s conclusion on the admissibility; establishment of facts and the Court’s conclusion on the merits; and
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION: The applicant’s claims for
pecuniary and non-pecuniary damage and for costs and expenses; the Government’s
response to the applicant’s claims and the Court’s conclusion on just satisfaction;
OPERATIVE PART: A recapitulation of the conclusions reached and any violations
found; and, finally,
SEPARATE OPINIONS262
The Court’s judgments will be given in one of the official languages of the Court, i.e.
English and French. In some cases, the judgment may be translated into the other
official language.263 In exceptional cases, the judgment may be pronounced, i.e. read
aloud, at a public hearing. The judgment will be transmitted to the Committee of
Ministers for its execution. Certified copies of the judgment will be transmitted to
the parties, the Secretary General of the Council of Europe, to any third party, and
to any other person directly concerned.264
261
262
263
264
See section 2.1.13.
See also Rules 74–75 of the Rules of Court.
Rule 76 of the Rules of Court.
Rule 77 § 3 of the Rules of Court.
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