European Court

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.