European Commission of Human Rights

European Convention on Human Rights: the European Commission of Human Rights

Introduction to European Commission of Human Rights

The commission can only deal with a claim if all domestic remedies have been exhausted, unless a state waives the benefit of this rule. Local remedies do not have to be applied, however, if they are not genuine and effective or if they are subject to unreasonable delay.

The commission must decide whether an application is admissible-that is, the commission must establish whether there has been a prima facie (valid) breach of the convention. Once a case is found to be admissible the commission must investigate the accuracy of the facts alleged. Once these are established the commission acts in the role of conciliator with the aim of securing a friendly settlement of the case. In the absence of a settlement, the commission must draw up a report and transmit it to the Committee of Ministers.” (1)

Resources

Notes and References

Guide to European Commission of Human Rights

In this Section

European Convention on Human Rights, ECHR Articles, European Commission of Human Rights and European Court of Human Rights.

Citation Notes

Decisions of the European Commission of Human Rights were published between 1960 and 1974 in Collection of Decisions and from 1974 to 1998 in Decisions and Reports (both abbreviated ‘Eur Comm HR’). Until 1998, complaints under the European Convention on Human Rights were sometimes heard by the European Commission of Human Rights. Protocol 11 to the European Convention on Human Rights abrogated the Commission.