BELGIUM / EUROPEAN COURT OF HUMAN RIGHTS
The European Court of Human Rights (ECHR) is not specifically a Belgian institution but an international court based in Strasbourg, France. It handles cases pertaining to alleged violations of the civil and political rights set out in the European Convention on Human Rights. Belgium, as a member state of the Council of Europe, is subject to the jurisdiction of the ECHR, and Belgian citizens can bring cases before the court if they believe that their rights under the Convention have been violated.
General Presentation of the ECHR in Relation to Belgium:
- Right of Individual Petition:
- Belgian citizens, as well as residents or any legal entities within Belgium, have the right to petition the ECHR directly if all national legal remedies have been exhausted and they believe their rights under the Convention have been violated.
- Jurisdiction and Authority:
- The ECHR has the authority to hear cases against Belgium (or any other member state) and can issue binding judgments requiring states to take corrective actions and, in many cases, award damages.
- Common Issues Brought Before the ECHR:
- Cases commonly relate to issues such as fair trial rights, privacy, freedom of speech, discrimination, and unlawful detention. Belgium, like other countries, has been involved in cases challenging aspects of its judicial and administrative decisions, especially in areas concerning police conduct, judicial impartiality, and rights of detainees.
Role of the Lawyer in Cases Before the ECHR:
- Representation and Legal Advice:
- Lawyers play a crucial role in representing applicants before the ECHR. They provide specialized legal advice on the viability of a case under the European Convention on Human Rights.
- They guide clients through the complex process of filing a petition, which involves thorough legal research and precise presentation of facts and legal arguments.
- Preparing the Application:
- Lawyers prepare detailed applications that outline the alleged violations and the national legal proceedings that have been pursued. This includes compiling all necessary documents, evidences, and prior court decisions.
- Advocacy at Hearings:
- Although many cases are decided on the written submissions alone, in cases where hearings are held, lawyers play a critical role in advocating for their clients’ rights, presenting oral arguments, and responding to the court’s queries.
Issues and Challenges:
- Exhaustion of Domestic Remedies:
- One major challenge is the requirement that all domestic remedies must be exhausted before approaching the ECHR. Lawyers must carefully strategize the legal journey in Belgian courts first, which can be long and complex.
- Time Limits:
- Applications to the ECHR must be made within six months of the final domestic decision. This timeframe can be challenging, especially in complex cases requiring extensive preparation.
- Legal Complexity and Specialization:
- The legal issues involved are often complex and require specific expertise in human rights law and familiarity with ECHR jurisprudence, which can be a significant barrier for general practice lawyers.
- Resource Intensity:
- Preparing a case for the ECHR can be resource-intensive, requiring significant time and expert input, which can be a constraint for many applicants.
In summary, the role of Belgian lawyers in cases before the ECHR is critical to navigating the complex intersection of national law and international human rights law. They serve as essential advocates for the protection and promotion of human rights, ensuring that Belgium adheres to its commitments under the European Convention on Human Rights. Lawyers specializing in this field must be adept at both legal advocacy and detailed procedural compliance to effectively represent their clients at this high level.