The settlement of concurrent applications by the European Court of Human Rights from areas outside the territorial State’s effective control

Antal Berkes

Research output: Contribution to conferencePaper

Abstract

Concurrent applications are defined as applications filed with the European Court of Human Rights by individuals and by a State or States concerning the same factual context (an armed conflict occurring in a given geographical area), and directed against one, two or several States, while a substantially analogous matter has already been submitted to one or more other procedures of international investigation or settlement. This definition implies three types of concurring procedural elements: concurrent applicants (State/individual), concurring respondent States (two or several States) and concurrent dispute settlement forums (the ECtHR and other international bodies). The frozen conflicts in the peripheries of Europe with areas out of the territorial State’s effective control provided a series of concurrent applications that the Court has decided in various ways, using several procedural tools to make the human rights enshrined in the Convention effective. The similar procedural steps and conclusions in the substantive law have showed that the Court did not consider those applications isolated from each other, but decided them in a coordinated way, taking into account the related procedural and substantive issues. The paper argues that concurrent applications submitted from areas out of the territorial State’s effective control should be treated and settled by the ECtHR in a coordinated rather than isolated way, linking together the same legal and factual background, procedural and substantive law conclusions. This ensures the coherence of the case law and the effectiveness of the Convention, while easing the Court’s workload from the same conflict-thorn regions.
Original languageEnglish
Pages1-23
Number of pages23
Publication statusIn preparation - 2017
Event‘Post-conflict Justice in Ukraine’: International scientific conference - Kiev, Kiev, Ukraine
Duration: 26 May 201727 May 2017
https://helsinki.org.ua/en/events/post-conflict-justice-in-ukraine-international-scientific-conference/

Conference

Conference‘Post-conflict Justice in Ukraine’
Country/TerritoryUkraine
CityKiev
Period26/05/1727/05/17
Internet address

Keywords

  • inter-state application, European Court of Human Rights, concurrent applications, lis pendens

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