Bringing a Claim to the Strasbourg Court

Overview

Recall questions on who may apply, the requirement to exhaust domestic remedies, the time limit and the Court's primary function.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   Who is entitled to bring a claim before the European Court of Human Rights?

   Model answer

   Individuals, groups of individuals, or states who allege that a contracting state has violated Convention rights.

2. 2

   What procedural requirement must applicants satisfy before submitting a claim to the European Court of Human Rights?

   Model answer

   They must exhaust all domestic remedies available in their own country.

3. 3

   Within what time period must an application to the European Court of Human Rights be submitted after the final domestic decision?

   Model answer

   Within four months of the final domestic decision, reduced from six months by Protocol 15 for decisions taken on or after 1 February 2022.

4. 4

   What is the primary function of the European Court of Human Rights?

   Model answer

   To determine whether a contracting state has violated the rights protected under the European Convention on Human Rights.

5. 5

   Under which statutory provision must UK domestic courts take into account judgments of the European Court of Human Rights?

   Model answer

   Section 2 of the Human Rights Act 1998.

6. 6

   When must domestic courts consider Strasbourg case law?

   Model answer

   When determining questions relating to Convention rights.

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