How to conduct a case in the European Court of Human Rights?
The course will help students, lawyers and future lawyers, human rights defenders (human rights lawyers) to conduct a case in the European Court of Human Rights in a qualified manner.
Lecturer Tamar Avaliani – Doctor of Law, she has more than 10 years of experience in working as a human rights lawyer and expert-consulting activities in various non-governmental organizations. Since 2010, she has been successfully conducting cases in both the national and European Court of Human Rights. Since 2009, she has been working as a human rights and law researcher in various non-governmental and international organizations. Tamar is the author of about 30 publications and research on human rights and justice issues.
Lecture format: online and offline (hybrid)
- After completing the course, you will be awarded a bilingual certificate of the International Black Sea University.
- IBSU students and alumni receive a 20% discount.
Course Schedule:
Starts April 15, 2025
Tuesday / Thursday
19:00 – 21:00
8 sessions, 5 weeks
Topic 1. European Convention for the Protection of Human Rights and Fundamental Freedoms and its Additional Protocols
- The first topic will review the catalog of rights guaranteed in the European Convention on Human Rights and its Additional Protocols:
- Right to life (Article 2);
- Prohibition of torture (Article 3);
- Prohibition of slavery and forced labor (Article 4);
- Right to liberty and security (Article 5);
- Right to a fair trial (Article 6);
- No punishment without law (Article 7);
- Right to respect for private and family life (Article 8);
- Freedom of thought, conscience and religion (Article 9);
- Freedom of expression (Article 10);
- Freedom of assembly and association (Article 11);
- Right to marriage (Article 12);
- Right to an effective remedy (Article 13);
- Prohibition of discrimination (Article 14);
- Right to property (First Additional Protocol);
- Right to education (First Additional Protocol);
- Right to free elections (First Additional Protocol);
- Prohibition of deprivation of liberty for reasons of insolvency (Fourth Additional Protocol);
- Freedom of movement (Fourth Additional Protocol);
- Prohibition of expulsion of citizens (Fourth Additional Protocol);
- Prohibition of collective expulsion of aliens (Fourth Additional Protocol);
- Death penalty in time of war (Sixth Additional Protocol);
- Procedural guarantees relating to the expulsion of aliens (Seventh Additional Protocol);
- Right to appeal in criminal proceedings (Seventh Additional Protocol);
- Prohibition of repeated trial or punishment (Seventh Additional Protocol);
- General prohibition of discrimination (12th Additional Protocol);
- Abolition of the death penalty in all circumstances (Protocol No. 13);
- Protocol No. 16;
- Absolute and relative rights;
- Convention grounds for restrictions on rights;
- Requests by national courts to the European Court of Justice for advisory opinions (Protocol No. 16 to the Convention)
Topic 2. The European Court of Human Rights
- The second chapter will review the structure of the European Court of Human Rights and their competence:
- Single-judge system;
- Committees;
- Chambers;
- Grand Chamber;
- Plenary;
- Secretariat and Rapporteurs;
Topic 3. Subjects of individual applications to the European Court of Human Rights
- Subjects of individual applications (individual, group of individuals, non-governmental organization);
- Direct victims;
- Indirect victims;
- Potential victims;
Topic 4. Prerequisites for the admissibility of an individual application
Topic 5. Circumstances impeding the consideration of an individual complaint
- Manifest unfoundedness;
- Anonymity of the complaint;
- Abuse of the right to file a complaint;
- Complaints containing essentially the same issue;
- Incompatibility of the complaint with the provisions of the Convention;
- Small video on the admissibility criteria for a complaint https://www.youtube.com/watch?v=–PSjIgLm1I&feature=youtu.be
Topic 6. Grounds for striking a complaint out of the list of cases
- Lack of intention of the complainant to pursue the complaint to its conclusion;
- Dispute resolved;
- The absence of any other grounds established by the Court justifying further examination of the application;
Topic 7. Communication of the case stage
- Transmission of the application and the attached materials to the respondent State;
- The position of the respondent State;
- The applicant’s views on the position of the respondent State;
Topic 8. The essence and importance of friendly settlements
- The following will be analyzed:
- The friendly settlement procedure;
- The importance of the parties’ positions;
- The confidentiality of the procedure;
- The role of the European Court in the friendly settlement process;
- The results of friendly settlements.
Topic 9. Unilateral declarations
- The following will be discussed:
- The procedure for unilateral recognition;
- The results of unilateral recognition;
Topic 10. Referral to the Grand Chamber and the prerequisites for admissibility
- The following will be discussed:
- The competence of the Grand Chamber;
- The prerequisites for admissibility of a case in the Grand Chamber;
- The finality of the Grand Chamber’s decision;
Topic 11. Just satisfaction:
- Monetary and non-pecuniary (moral) damage;
- Compensation of taxes and expenses;
Topic 12. Right to a defence
- Types of representation of victims;
- Involvement of a lawyer, his role and importance;
Topic 13. Interim measures
- Rule 39 of the Rules of Court;
- Subjects of the application;
- Conditions for the application of an interim measure
- Clearly serious threat of irreparable harm;
- Inevitability of the harm;
- Probability of the arguments in the case (as assessed initially);
Topic 14. Binding force of the judgment of the European Court and its enforcement
- The Committee of Ministers of the Council of Europe – the body supervising the enforcement;
- The obligation of the respondent state to take general measures;
- The obligation of the respondent state to take individual measures;
Topic 15. Consideration of interstate cases in the European Court of Human Rights
- Rules and procedure for considering interstate cases
Topic 16. Practical rules for filling out a complaint
Summary test
Training venue: International Black Sea University
Address: St. Tbilisi, David Agmashenebeli Alley, 13th km, N2
Contact information:
E-mail: training@ibsu.edu.ge
Tel: +995 322 800 064
Registration: https://forms.gle/tD4j51LFgKRTnuWBA
Course fee 420 GEL
Bank details
TBC Bank
Bank code: TBCBGE22
Recipient name: International Black Sea University LLC
Recipient account number: GE52TB7505036080100001
Indicate the word “Training” in the subject field.