Editing European Court of Human Rights (section)

==Procedure and decisions==
{{more citations needed section|date=October 2018}}<!--5 paragraphs without citations-->
[[File:European Court of Human Rights case processing chart.pdf|thumb|262px|A chart showing how cases progress through the European Court of Human Rights]]
[[File:Courtroom European Court of Human Rights 01.JPG|thumb|The Grand Chamber of the European Court of Human Rights|262x262px]]

After the preliminary finding of admissibility the court examines the case by hearing representations from both parties. The court may undertake any investigation it deems necessary on the facts or issues raised in the application and contracting states are required to provide the court with all necessary assistance for this purpose.

The [[European Convention on Human Rights]] requires all hearings to be in public, unless there are exceptional circumstances justifying the holding of a private hearing. In practice the majority of cases are heard in private following written pleadings. In confidential proceedings the court may assist both parties in securing a settlement, in which case the court monitors the compliance of the agreement with the convention. However, in many cases, a hearing is not held.

The judgment of the Grand Chamber is final. Judgments by the chamber of the court become final three months after they are issued, unless a reference to the Grand Chamber for review or appeal has been made. If the panel of the Grand Chamber rejects the request for referral, the judgment of the chamber of the court becomes final.<ref name="essentials" /> The Grand Chamber is made up of 17 judges: the court's president and vice-presidents, the section presidents and the national judge, together with other judges selected by drawing of lots. Grand Chambers include a public hearing, which is transmitted as a webcast on the ECHR site.<ref>{{Cite web |title=Webcasts of hearings - ECHR Hearings - ECHR - ECHR / CEDH |url=https://www.echr.coe.int/en/recent-webcasts |access-date=2025-03-28 |website=ECHR |language=en-GB}}</ref> After the public hearing, the judges deliberate.

The court's chamber decides both issues regarding admissibility and merits of the case. Generally, if any claim is found admissible, its merits are dealt with in the same judgment. In final judgments the court makes a declaration that a contracting state has (or has not) violated the convention in respect of each admissible claim, and in case of violation may order the contracting state to pay material and/or moral damages and the legal expenses incurred in domestic courts and the court in bringing the case.

The court's judgments are public and must contain reasons justifying the decision. Article 46 of the convention provides that contracting states undertake to abide by the court's final decision. On the other hand, advisory opinions are, by definition, non-binding. The court has to date decided consistently that under the convention it has no jurisdiction to annul domestic laws or administrative practices which violate the convention.

The Committee of Ministers of the Council of Europe is charged with supervising the execution of the court's judgments. The Committee of Ministers oversees the contracting states' changes to their national law in order that it is compatible with the convention, or individual measures taken by the contracting state to redress violations. Judgments by the court are binding on the respondent states concerned and states usually comply with the Court's judgments.<ref name="essentials" />

Chambers decide cases by a majority. Any judge who has heard the case can attach to the judgment a separate opinion. This opinion can concur or dissent with the decision of the court. In case of a tie in voting, the president has the casting vote.

=== Exhaustion of domestic remedies ===
Article 35 of the European Convention on Human Rights establishes as a precondition on referral to the European Court of Human Rights, the exhaustion of domestic remedies.<!--Convention already cited, no need for an inline citation here--> This condition is the consequence of the subsidiary jurisdiction of the supranational court, which monitors the application of the convention and seeks to eradicate human rights violations. The applicant must establish the inability of the national courts to remedy the breaches, by exercising the appropriate effective and adequate remedies, and in substance alleging a violation of the Convention.<ref>[https://www.echr.coe.int/Documents/Pub_coe_domestics_remedies_ENG.pdf "Guide to good practicein respect of domestic remedies"]. European Court of Human Rights.</ref>

=== Interim measures ===
Rule 39 of the Rules of the Court permits the ECtHR to "indicate to the parties any interim measure which they consider should be adopted in the interests of the parties or of the proper conduct of the proceedings."<ref>{{Cite web |last=European Court of Human Rights |date=3 June 2022 |title=Rules of Court |url=https://www.echr.coe.int/documents/d/echr/Library_2022_June_RoC_ENG}}</ref> Interim measures are binding and afford litigants temporary protections on an expedited basis, although the ECtHR has chosen to only impose them in cases concerning imminent danger to life and limb.<ref name=":0" /> Such measures are often deployed to prevent [[extradition]] or expulsion to countries with inadequate human rights guarantees, whereas requests to prevent potentially damaging publications or property seizures seldom elicit similar responses.