Before the Courts
Where a violation of fundamental rights cannot be effectively remedied under national law, it may be necessary to consider bringing a case before the European Court of Human Rights or other supranational and constitutional safeguards.
A human rights-based approach makes it possible to assess the legitimacy of national law where it conflicts with the principles of the rule of law and European constitutional traditions, offering solutions that often elude Italian legal experts
Bringing a claim for a human rights violation is a complex process, marked by crucial procedural steps, in which incorrect or belated decisions can undermine the effectiveness of the protection afforded.
DT Law Firm assists individuals, professionals and organisations in assessing the admissibility of appeals, drafting legal documents, preparing the necessary documentation and presenting cases before European and international courts.
The law as a means of legal protection
Bringing a case before international courts – such as the ECtHR (European Court of Human Rights) or the Court of Justice of the European Union – is a crucial step for those whose fundamental rights have been violated, particularly in cases where the national legal system fails to adapt its rules in accordance with the principles of the rule of law.
It is not simply a matter of ‘lodging an appeal’ or ‘raising objections’, but of embarking on a path of justice that can have an impact beyond the individual case, thereby contributing to the protection of many people's rights.
Our law firm supports individuals and legal professionals through the various stages of accessing the European courts, providing expert assistance with drafting appeals, representing clients in court proceedings and monitoring court decisions.
Assessment of admissibility and merits
We verify that the application before the courts complies with the admissibility requirements (exhaustion of domestic remedies, time limits and jurisdiction of the court in question). We provide preliminary opinions on the admissibility and the likelihood of success of the application.
Preparation and filing of the application
We draft the application and prepare the necessary documentation, ensuring that the client fully understands its contents. Once filed, we monitor the preliminary examination conducted by the courts.
Discussion
of the case
We handle communication with the other party and any negotiations aimed at reaching an out-of-court settlement. We assist the client during the negotiation phase, drafting submissions and pleadings in French or English.
Validation of the case and enforcement of the sentence
We analyse the implications of the decision and assist the client in evaluating public communication initiatives designed to maximise its impact. We monitor the opposing party’s compliance with the ruling.
Fees and transparency
DT Law Firm sets its fees with clarity and transparency, in accordance with the ethical principles of the Bar Association and taking into account the complexity of the case in question.
Generally, our fees are calculated based on the time actually spent on the work carried out, in accordance with rates agreed in advance with the client.
The benchmark is the Lawyers’ Fee Schedule, whose minimum rates cannot normally be waived (the so-called Fair Remuneration Act).
Our aim, however, remains to ensure transparency, balance and proportionality between the level of commitment required and the social and human value of the cause. For strategic causes that enjoy broad public support, the firm also makes use of funding methods, economic cooperation and crowdfunding crowdfunding carried out in collaboration with the promoters of the relevant initiatives.
Getting to Know the Courts – Questions & Answers
How are my human rights protected? What are the main European legal instruments protecting human rights?
Human rights are recognised and protected by the Italian Constitution, the Charter of Fundamental Rights of the European Union , and the European Convention on Human Rights.
How can I invoke a violation of my human rights?
Compliance with human rights instruments is overseen by the Constitutional Court, the Court of Justice of the European Union, and the European Court of Human Rights. These courts generally cannot be seized directly. As a rule, an individual must first raise the alleged violation of their rights before a domestic court , whether civil, criminal, administrative, or otherwise.
How can I invoke my rights before the Constitutional Court?
The Constitutional Court may declareunconstitutional a law whose application results in a violation of a human right. Under the Italian legal system, individuals cannot bring a direct application before the Constitutional Court. Instead, they must ask the merits court who is applying the allegedly unconstitutional law to refer the constitutional question to the Constitutional Court.
How can I invoke my rights before the Court of Justice of the European Union?
A domestic court may identify and remedy the incompatibility of a national legal provision with EU law and the Charter of Fundamental Rights of the European Union by disapplying the former. However, such a conflict is not always apparent to the Italian court. In such cases, it may be necessary to refer the matter to the Court of Justice of the European Union so that it can provide a definitive ruling on the interpretation of EU law and clarify its compatibility with national law.
Applying before the European Court of Human Rights
What is the point of bringing a case before the European Court of Human Rights?
An application before the ECHR is an exceptional remedy that enables individuals or legal entities to bring a claim regarding a serious violation of the fundamental rights guaranteed by the European Convention on Human Rights, attributable to the State and not adequately remedied at the domestic level.
When can I lodge an application before the Court of Strasbourg?
In general, an application can only be lodged once all available domestic remedies up to the highest national courts (Court of Cassation, Council of State, Court of Auditors) have been exhausted. In exceptional cases, a direct application is permitted.
Is a proceeding before the European Court a further instance of the court system?
No. An application before the ECtHR is not an appeal against a national judgment, but a complaint alleging that the State, as a whole, has breached international obligations relating to fundamental rights.
Is it compulsory to be represented by a lawyer?
No, the applicant may also file the application in person. However, given the complexity of the eligibility criteria and the drafting requirements , it is strongly recommended that you seek the assistance of a specialist.
Is it free to bring a case before the European Court of Human Rights?
Yes. There are no court costs;there is no liability for costs or an order to pay costs. The claimant can never be ordered to pay costs,except for the costs of legal representation, if any.
What are the chances of an application being successful? Why are so many applications rejected?
Around 80% of applications are declared inadmissible, and less than 10% of the total result in a finding of a violation. However, these figures include many non-specialist or unfounded applications and are for guidance only. The main reasons are a lack of knowledge of the admissibility criteria and the procedures for lodging an application, as well as the absence of a violation serious enough to constitute an international wrongful act.
What are the consequences of an ECtHR's ruling that upholds the complaint?
In caso di accoglimento del ricorso, la ECHR finds the State liable under international law. The applicant may be awarded just satisfaction and, in some cases, individual or general measures, such as the amendment of domestic legislation or the reopening of domestic proceedings.