Week 3 - Article 35 of the ECHR

Question 1

An applicant to the court must prove a)

Answer 1

That the complaint involves a breach of the Convention by a country which has ratified it

Question 2

An applicant to the court must prove b)

Answer 2

That the breach occurred within the jurisdiction of that country

Question 3

An applicant to the court must prove c)

Answer 3

That all domestic remedies have been exhausted and that the application to the Court has been made within six months of these remedies being exhausted

Question 4

Courts can order ‘just satisfaction’ - what is this?

Answer 4

An order that there is a payment of compensation and costs if the state does not follow the decision

Question 5

Why are the courts orders unique?

Answer 5

• they are delivered in open court
• the decision is binding on the state, but cannot be enforced, hence ‘just satisfaction’