European Court of Human Rights - Procedure and Decisions

Procedure and Decisions

After the preliminary finding of admissibility the Court examines the case by hearing representations from both parties. The Court may undertake any investigation it deems necessary and contracting states are required to provide the Court with all necessary assistance for this purpose. The European Convention on Human Rights requires that all hearings, unless there are exceptional circumstances, are heard in public. In practice the majority of cases are heard in camera following written pleadings. In confidential proceedings the Court may assist both parties in securing a settlement, in which case the Court monitors the compliance of the agreement with the Convention. The judgement of the Grand Chamber is final, Judgements by the Chamber of the Court becomes final three months after it has been issued, unless a reference to the Grand Chamber has been made. If the panel of the Grand Chamber rejects the request for referral the judgement of the Chamber of the Court becomes final.

In final judgements the Court makes a declaration that a contracting state has violated the Convention, and may order the contracting state to pay material and/or moral damages and the legal costs incurred in domestic courts and the Court in bringing the case. Article 46 of the Convention provides that contracting states undertake to abide by the Court's final decision. Advisory opinions are not binding. The Court has thus far held that the Convention does not provide it with the power to repeal offending domestic laws or administrative practices. The Committee of Ministers of the Council of Europe is charged with supervising the execution of the Court's judgement. The Committee of Ministers oversees the contracting states changes to domestic law to make them compatible with the Convention, or individual measures taken by the contracting state to redress violations. In practice judgments by the Court are usually complied with.