The European Court of Human Rights

In one line

Article 19 sets up a permanent Court of one judge per party, article 32 gives it jurisdiction over all matters of interpretation and application, article 33 allows any party to refer any alleged breach by another, and article 34 allows any person, non-governmental organisation or group of individuals claiming to be a victim to apply directly.

The Court itself

Article 19: to ensure the observance of the engagements undertaken, there shall be a European Court of Human Rights, and it shall function on a permanent basis.

Article 20: a number of judges equal to that of the High Contracting Parties.

A judge is not a national representative. Judges sit in their individual capacity, and the number matching the parties is an arrangement for representation of legal systems, not a delegation.

Article 21: judges must be of high moral character and either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence.

Article 22: elected by the Parliamentary Assembly from a list of three candidates nominated by the party.

Article 23: a single term of nine years, without re-election, which is the strongest structural guarantee of independence in any human rights court. A judge may be dismissed only if the other judges decide by a two-thirds majority that he has ceased to fulfil the required conditions.

Jurisdiction

Article 32(1): jurisdiction extends to all matters concerning the interpretation and application of the Convention and the protocols referred to it under articles 33, 34, 46 and 47.

Article 32(2): in the event of dispute as to whether the Court has jurisdiction, the Court shall decide. That is the competence to determine its own competence, and it forecloses a State's attempt to withdraw a case by asserting that the matter is outside the treaty.

The two routes in

Article 33: inter-State

Any High Contracting Party may refer to the Court any alleged breach of the provisions of the Convention and the protocols by another High Contracting Party.

No special interest is required. The applicant State need not have a national affected, because the obligations are owed to all the parties collectively and not bilaterally.

Inter-State cases are rare and heavy, and they have usually arisen out of conflict or occupation. Their importance is out of proportion to their number, because they are the only route by which a systemic situation can be put before the Court without an individual applicant.

Article 34: individual application

The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.