Admissibility Flashcards
What are the main requirements for admissibility?
- Victim requirements - Art. 34
- Exhaustion of local remedies - Art. 35
- The application has not been brought before
- The application is not manifestly ill-founded
- Not abusive
- De minimis principle - The case must be serious enough
What are the requirements for victim status?
- Victim of a convention right (ratione loci)
- There must be a concrete review unless:
- There is a potential violation which can not be proven (like secret surveillance)
- You are affected by the rule in itself (Norris - Law prohibiting gay sex) - You must be a direct victim unless:
- Right to life - Close relatives can apply (cause you’re dead…) - Committed by a contracting party (ratione personae)
- Within 6 months (ratione temporis)
In which case do you lose your victim status?
(i) The state acknowledges you victim status
(ii) The state offers full redress:
- Full and sufficient
- Your rights must be practical and effective - Art. 19
- Is compensation always sufficient?
- You need effective investigation
What is effective investigation?
- Promptness of proceedings
2. Is the sentence sufficient to discharge the authorities? Art. 19
What are the requirements for exhaustion of domestic remedies?
Based on the subsidiarity principle (art. 1) - MS are primarily entrusted with securing EHR:
- Remedies must be adequate and effective
- Fulfilled if the remedy is bound to fail - Case law shows that the applicant stands no chance of succeeding in appeal court and
- Administrative practice:
- (i) Repetition of acts - Consistency/pattern
- (ii) Official tolerance
- (iii) Sufficient evidence
Salah Sheekh v. The Netherlands
An effective remedy requires:
- Independent and rigorous scrutiny
- Remedy with automatic suspensive effect
Nikolova and Velichkova v. Bulgaria
Proceedings must be prompt for effective investigation
