The Strasbourg Court, formally the European Court of Human Rights (ECtHR), ensures that European countries honour their obligations under the European Convention on Human Rights (ECHR). The Convention protects essential rights such as the right to life, freedom from torture, the right to liberty and security, a fair trial, privacy and family life, freedom of expression, thought, conscience, and religion, and the peaceful enjoyment of possessions.
The Strasbourg Court protects individuals against unlawful actions by states in sensitive areas such as extradition and expulsion, refugee protection, residency, access to territory, and other immigration matters. Its case law ensures that no one is extradited or expelled to a country where they face torture or ill-treatment, that refugees and asylum-seekers receive real protection from refoulement, and that family and private life are respected in immigration decisions.
To apply to the ECtHR, the case must fall within the scope of the European Convention of Human Rights and its protocols. The most common cases in Strasbourg litigation involve alleged violations of Article 3 ECHR (prohibition of torture and inhuman or degrading treatment), which is particularly relevant in extradition and asylum matters.
Articles 5 and 6 ECHR concern unlawful detention and the right to a fair trial and are frequently invoked in cases involving illegal criminal proceedings. Article 8 ECHR (right to respect for private and family life) is often raised where an asylum seeker’s claim has been rejected by migration authorities involving residency refusals, arbitrary detention of migrants, and collective expulsions.
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WHO CAN APPLY?
In addition to all EU member states, the following countries also fall under the jurisdiction of the Strasbourg Court:
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Council of europe
The European Court of Human Rights is an international judicial body of the intergovernmental organization known as the Council of Europe (CoE). The CoE currently has 46 member states, all of which are parties to the European Convention on Human Rights. This means that all member states fall under the jurisdiction of the Strasbourg Court. If your case has been considered in any of these countries—regardless of the requesting extradition country or your nationality—you can apply to the European Court to challenge the final decision of the national courts where your case was examined.
Montenegro North Macedonia Norway San Marino Serbia Switzerland Türkiye Ukraine United Kingdom
AlbaniaAlbania Andorra Armenia Azerbaijan Bosnia and Herzegovina Georgia Iceland Liechtenstein Moldova Monaco
GEOGRAPHY CoE
PROCEDURE
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The applicant must exhaust all effective domestic remedies, which means pursuing all available legal proceedings at the national level, often up to the supreme or constitutional court if necessary. Only after a final decision has been delivered by the highest competent authority can the matter be brought before the Strasbourg Court, and the application must be submitted within four months of that final judgment.
SEEK JUSTICE THROUGH NATIONAL REMEDIES
EXHAUST NATIONAL REMEDIES
The main principle of Strasbourg litigation is its complementary nature, which means that every contracting state is presumed to fulfil its duty to ensure compliance with the Convention in all its actions, including criminal proceedings, asylum considerations, and similar matters. Therefore, the primary requirement is to seek and exhaust all available remedies within the national legal system before bringing a case before the Strasbourg Court.
Admissibility Check
Examination and Judgment
Once the application is submitted, the Court first examines whether it meets all admissibility criteria under the European Convention. This includes verifying whether the case falls within the Court’s jurisdiction, whether all domestic remedies have been exhausted, and whether the application has been filed within the prescribed time limit (4 months). The Court may reject inadmissible applications at this stage without proceeding to a full examination on the merits.
If the application is declared admissible, the Court proceeds to examine the merits of the case. The state concerned is invited to submit observations, and the applicant has the opportunity to respond. A Chamber of judges may then hold a hearing or decide the case based on written submissions. The Court issues a binding judgment, and in urgent situations may grant measures to prevent the performance of the national court ruling.
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HOW IT WORKS?
The Strasbourg Court does more than stop unlawful measures; it also provides redress for harm already suffered. This includes ordering the State to pay financial compensation for both material losses (such as legal costs, loss of income, or property issues) and non-material damage (such as moral suffering caused by detention, fear of extradition, or separation from family). Importantly, ECtHR judgments are binding on States, and their implementation is supervised by the Committee of Ministers of the Council of Europe, ensuring that governments not only compensate the applicant but also adopt structural reforms to prevent similar violations in the future. In practice, this means that a single case can both protect the individual applicant and contribute to improving national legal standards.
RESULTS
financial compensation
A favourable ruling from the European Court of Human Rights can have a direct and practical effect on your situation. If the Court finds a violation, the State may be obliged to cancel an extradition or expulsion order, thereby preventing surrender to a country where you would face persecution or ill-treatment. In immigration cases, the Court can require the State to grant or restore a residence permit or ensure that you are legally allowed to remain with your family. Where criminal or administrative proceedings were unfair, a positive judgment may also lead to the reopening or revision of domestic cases, helping to remove the long-term consequences of unlawful prosecution or detention.
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Individual approach
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COSTS
Legal services in this area are always tailored to the individual case and depend on various factors: the need to collect additional documents supporting the application, the legal grounds invoked, family composition, requirements for notarisation or apostille, the number of court hearings, and other relevant circumstances.
The average time for consideration of a case before the European Court of Human Rights is around three years. During this period, we guarantee comprehensive legal supportat every stage of the proceedings, including preparation of submissions, communication with the Court, and responses to government observations.
individual approach
guarantee of 3 years of full support
Hourly Rate
Approximate fee for full representation before the Court.
Not a public offer: fees may vary depending on the complexity of the case; calculated based on the hourly rate and fixed after an initial case assessment. Prices are quoted excluding VAT.
EUR 100
EUR 3,000 - 5,000
european court of human rights strasbourg court council of europe
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