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Any person who finds himself in a situation where a final decision damages his interests can challenge the final decision , following the procedure before the European Court of Human Rights . The law firm Pavel, Mărgărit și Asociații from Romania recommends contacting a lawyer specialized in litigation and human rights to guide you in the steps necessary to challenge a final decision before the European Court of Human Rights .
How can the European Court of Human Rights be referred?
The European Court of Human Rights will examine complaints filed by natural or legal persons who claim to be victims of a violation of the rights provided for by the European Convention on Human Rights. This convention represents an international treaty to which several European states have joined and which have committed themselves to the defense of fundamental rights.
The method of reporting to the European Court of Human Rights is represented by the preparation of a request when a person finds himself in a situation where he believes that his interests are harmed and some right has been violated. According to art. 39 of the European Convention on Human Rights , amicable settlement of the case can be made available to the parties. If this is not possible, and the European Court of Human Rights accepts the request, a final judgment will be issued in this regard.
What are the conditions for admissibility of the application?
The conditions are: not to be anonymous, not to be the same as another request previously analyzed by the European Court of Human Rights and not to be abusive or incompatible with the provisions of the European Convention on Human Rights.
A lawyer specializing in litigation and human rights can provide guidance in relation to the exercise of an appeal against a final judgment and the procedure before the European Court of Human Rights .
According to art. 35 of the European Convention on Human Rights , the European Court of Human Rights can only be referred to after “exhaustion of domestic appeals ” in order for the national courts to have the opportunity to rule on the case. After defending the case before the national courts, the injured person can exercise an appeal before the European Court of Human Rights.
The obligation to exhaust the means of appeal at the national level is assessed according to the time of registration of the request before the European Court of Human Rights . In the situation where internal appeals have been exercised , the legal term for referral to the European Court of Human Rights begins to run from the date of the final internal decision.
In conclusion, this article guides you in exercising an appeal against a final judgment at the ECHR through a lawyer specialized in litigation and human rights.
The law firm Pavel, Mărgărit și Asociații in Romania recommends contacting a lawyer specialized in litigation and human rights , who can advise you on the strategy to follow in exercising an appeal against a final judgment at the ECHR.