New ECHR protocol reduces time limit for filing rights cases from six to four months News
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New ECHR protocol reduces time limit for filing rights cases from six to four months

Claimants wishing to accuse national governments of violations before the European Court of Human Rights (ECHR, Court) will have shorter timeframes within which to file their complaints, according to a statement released by the Court on Monday.

The ECHR has jurisdiction over the 47 Council of Europe member states that have ratified the European Convention on Human Rights (Convention). The Court adjudicates cases between individual claimants and member states when the former accuse the latter of having violated their fundamental rights. In the past, claimants have been able to file ECHR complaints up to six months after exhausting all domestic remedies, which typically translates to the date a judgement was issued by the highest court in the relevant country. As of February 1, 2022, that period will be reduced to four months.

The ECHR said that Protocol No. 15 to the Convention is the source of filing period change. This amendment to the Convention came into force on August 1, 2021, but provided for a mandatory transition period before the change could become effective.

Once the provision takes effect next month, applicants and their legal representatives will be required to adhere to the new time-limit, with failure resulting in a declaration of inadmissibility.

 

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