22 December 2018

ECHR’s compulsory reconciliation between governments and applicants is fraught with hidden risks

All those seeking justice before the European Court of Human Rights should expect procedural changes soon. Yet from 2019, a chamber of judges will hear complaints after an attempt of amicable settlement by parties to a dispute.

In an effort to reduce the number of proceedings pending and to speed-up the hearing of complaints, the ECHR’s secretariat announced the introduction of compulsory reconciliation negotiations between parties from 2019 at its recent meeting with the representatives of human right organisations.

In fact, individuals will have to look for a compromise settlement to ease the European Court’s load associated with the examination of applications.

As part of the procedure, which initially will last for three months, parties are expected to make all efforts to achieve reconciliation. If necessary, the reconciliation period may be extended. Proceedings will commence only if no reconciliation is attained, where the defendant government submits its own proposal regarding compensation, or if such compensation does not meet the facts of a case, according to the Strasbourg Court.

To learn about who is expected to gain from this, please read the article entitled Looking for Optimisation Options as authored by Drozdova & Partners Law Firm director Olena Drozdova and advocate Oleksandr Drozdov for Law & Business newspaper.