Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
thereto” (art. 34). The “High Contracting Parties undertake not to hinder in any way the
effective exercise of this right” (art. 34, in fine). The right to bring inter-State and
individual complaints to the Court does not depend on any specific act of
acceptance.
The Court may not, however, deal with an application of any kind unless
domestic remedies have been exhausted and the application has been submitted within
six months from the date on which the final decision was taken (art. 35(1)). Further
criteria of admissibility exist with regard to individual applications, which must not, for
instance, be anonymous or “substantially the same as a matter that has already been
examined by the Court or has already been submitted to another procedure of
international investigation or settlement and contains no relevant new information”
(art. 35(2)).
The Court decides on the admissibility and merits of the case and, if necessary,
undertakes an investigation. After having declared a case admissible, it also places itself
“at the disposal of the parties concerned with a view to securing a friendly settlement of
the matter on the basis of respect for human rights as defined in the Convention and
the protocols thereto” (art. 38(1)(b)). Hearings before the Court are public, unless it
decides otherwise in “exceptional circumstances” (art. 40).
Within a period of three months from the date of the judgment of the
Chamber, any party to the case may, in exceptional circumstances, request that the case
be referred to a Grand Chamber. If the request is accepted, the Grand Chamber shall
decide the case by means of a judgment that shall be final (arts. 43-44). Otherwise, the
judgment of the Chamber will be final when the parties declare that they have no
intention of requesting referral to the Grand Chamber; or three months after the
judgment in the absence of such a request; or, finally, when the request for referral has
been rejected (art. 44).
The High Contracting Parties “undertake to abide by the final judgment of the
Court in any case to which they are parties”; the execution of the final judgment is
supervised by the Committee of Ministers of the Council of Europe (art. 46).
The implementation of the European Convention on Human Rights is
monitored by the European Court of Human Rights, which is a
permanent and full-time body, sitting in
l Committees of 3 judges;
l Chambers of 7 judges; or
l a Grand Chamber of 17 judges.
The Court is competent to receive and examine
l inter-State cases; and
l applications from any person, non-governmental organization or group
of individuals claiming to be the victim of a violation of the rights
guaranteed by the Convention or its Protocols.
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