ECtHR - Jurisdictional issues

Question 1

Jurisdictional issues - Where? What?

Answer 1

1. Where?
   - Under admissibility issues
2. What?
   - Ratione loci
   - Ratione personae
   - Ratione temporis
   - Ratione materiae

Question 2

What is ratione loci?

Answer 2

1. Within the state’s territory:
   - Presumed unless the MS is prevented from exercising jurisdiction (military occupation)
   - If military occupation - State still has jurisdiction, it has a positive duty to make the new leaders guarantee the convention rights
   - If military occupation - State has a PO to take political/legal measures to regain over his territory
2. Outside of the states’ territory:
   - If the state has control over the person (diplomats, consulars… you need consent, acquiescence of government and that person must exercise some king of public power)
   - If the state has control over another state’s territory (military or admin., you need a factual determination)
   - The state must apply the entire convention and particularly art. 2, 3 and 5

Question 3

What is ratione personae?

Answer 3

1. All state bodies
2. State is liable for its own organization
3. State is responsible for the obligations established by the court

Question 4

What is ratione temporis?

Answer 4

1. Instantaneous acts - Only if under obligations of the Convention already
2. Continuous acts:
   - Missing persons - 10 years
   - Killed persons - 10 years - Unless there were serious mitigating circumstances or serious crime - Never before 1950

Question 5

What if the state is only acting as a consequence of the EU?

Answer 5

It must offer equivalent protection (can alway be more, of course):

• In substance
• In procedure