Individual Applications to the European Court of Human Rights on Matters Already Submitted to Other Procedures of International Investigation or Settlement
Journal title DIRITTI UMANI E DIRITTO INTERNAZIONALE
Author/s Lorenza Mola
Publishing Year 2012 Issue 2012/3 Language Italian
Pages 35 P. 608-642 File size 264 KB
DOI 10.3280/DUDI2012-003008
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The paper deals with the case law of the European Commission of Human Rights and of the European Court of Human Rights on the admissibility of individual applications on matters already submitted to other international bodies, under Art. 35, para. 2, letter b) ECHR. It examines the relevant procedural aspects and reviews how the Strasbourg bodies have interpreted the criteria set in this clause, which coordinates parallel international proceedings on the same matters, i.e. (i) the identity of parties, grounds and facts; (ii) the concluded or concurrent exam of the claim within other international mechanisms of protection of human rights open to individuals; and (iii) the equivalent character of these other proceedings in relation to the procedure before the European Court of Human Rights. It does so, particularly with respect to two recent decisions concerning cases where parallel proceedings on the same matter were brought, in the one case, by the same person before the Court as well as to the attention of the EU Commission, and, in the other case, by a legal person before the Court and by its shareholders before international investment arbitral tribunals. It highlights that the ‘reformed’ Court has normally followed the prior Commission’s case law but has also developed a more systematic and qualified approach to each admissibility criterion as well as to the overall objective of such coordination mechanism, in order both to avoid a plurality of international procedures on the same matter, on the one hand, and to afford the individual an international means of enforcement of her/his rights, on the other hand.
Lorenza Mola, Ricorsi individuali alla Corte europea dei diritti umani riguardanti questioni già esaminate o in corso di esame da parte di altri organismi internazionali di controllo in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 3/2012, pp 608-642, DOI: 10.3280/DUDI2012-003008