The Benefits

THE BENEFITS FROM THE ECHR

The benefits from a court decision with the stamp of the European Court of Human Rights are many for the applicant, who has won the “battle” in Strasbourg. He/she can continue to claim the restoration of his/her rights and the legal action he/she started in the Greek courts.

A. RE-OPENING OF THE NATIONAL PROCEDURES

The judgments of the Court could be described as a “bridge” and a way for the case to return before the national courts, whose members can neither ignore nor overlook the judgment of their European colleagues, even if the decision is against their own ” verdict”. This opens up a new window of hope for those who have a positive decision from the Court.

In practice, the European Court of Human Rights gives the final decision, even for major cases, which are now being reviewed on the basis of the ECtHR’s judgement.If the application before the ECtHR is admitted, and it is provided for in national law, the case is re-examined by the national courts (resumption/re-opening of proceedings or revocation) based on the Strasbourg decision.

Greece has already instituted a re-opening proceeding in criminal, administrative cases before the Council of State and the Court of Auditors.

B. REMEDIATION OF THE VIOLATION OF THE APPLICANT’S RIGHTS

Another important aspect for the applicant in the event that his application is upheld is also the remediation of the breach of his right. The ECtHR seeks, with its decision, to remedy the harm, such as the release of the applicant in the event of his imprisonment being unlawful, restoration of communication between parents and children in cases where it has been interrupted, payment of the expropriation indemnity imposed by the national courts but not paid due to non-compliance by the Administration, restoration of the right of ownership of the owners, the revocation of life expulsion that violated the applicant’s family life.

C. FINANCIAL SATISFACTION

If the Court convicts the State and finds that the plaintiff has suffered damage, he/she is generally awarded a reasonable just satisfaction, that is to say, compensation for moral and non-pecuniary damage suffered.

Payment must be made within a period of three months, and default interest is payable in the event of late payment.

The Committee of Ministers of the Council of Europe shall ensure that the compensation awarded is paid promptly and in due time to the applicant.

Until recently, Greece has been a “champion” in the payment of particularly high sums as fair satisfaction, mainly in the context of violations of the right to property.

D. INTERIM MEASURES

In urgent cases, interim measures are adopted and Court decides quite promptly (1-3 days).

E. GENERAL MEASURES OF COMPLIANCE

In the event that the European Court of Human Rights finds a violation, the State must diligently ensure that such violations will not happen again in the future. If the Member State fails to implement the ECtHR’s decision as it is obliged to do, then it is de facto exposed to the risk of future conviction by the Court.

It is worth noting that there are cases in which the State will be obliged to amend its legislative framework or to alter the decisions of its courts according to the findings of the Court, in order to prevent such violations from ever happening again.

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