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Enforcement of Human Rights Law

The European Court of Human Rights

  • 2 things to know
  • Component 3

Overview

Recall questions on applying to the European Court of Human Rights, from exhausting domestic remedies, time limits and victim status to the admissibility grounds, the principles of subsidiarity, proportionality, effectiveness and the margin of appreciation, the Grand Chamber, Protocol 11 and enforcing judgments.

What you need to know

Answer each one before you reveal it.

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Key term

What obligation does section 3 of the Human Rights Act place on courts when interpreting legislation?

Numbers

Within what time period must an application to the ECtHR be submitted after the final domestic decision?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Within what time period must an application to the ECtHR be submitted after the final domestic decision?

    Model answer

    Within four months of the final domestic decision (where that decision was taken on or after 1 February 2022).

  2. 2

    What does it mean for an ECtHR application to be 'manifestly ill-founded'?

    Model answer

    It means the application clearly lacks merit or has no reasonable prospect of success, and such applications are inadmissible.

  3. 3

    On what ground may the ECtHR reject an application as an abuse of the right of application?

    Model answer

    If the application is frivolous, vexatious, or brought in bad faith, it may be rejected as an abuse of the right of application.

  4. 4

    Against whom must an ECtHR complaint be directed?

    Model answer

    It must be directed against a state that has ratified the relevant provision of the Convention or its Protocols.

  5. 5

    Define the principle of subsidiarity in the context of the ECtHR.

    Model answer

    Subsidiarity means the ECtHR acts as a court of last resort; primary responsibility for protecting Convention rights lies with the domestic authorities and courts of member states.

  6. 6

    Why does the exhaustion of domestic remedies requirement exist before accessing the ECtHR?

    Model answer

    It reflects the principle of subsidiarity, ensuring national courts have the first opportunity to address alleged violations before the ECtHR intervenes.

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AThe injury to the claimant's rights is small.
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Royal Assent has not been refused since 1708.
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