Legal Practice

A New Admissibility Criteria – the „Significant Disadvantage” in the Case-law of the European Court of Human Rights

Published:
2011-11-30
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Szemesi, S. (2011). A New Admissibility Criteria – the „Significant Disadvantage” in the Case-law of the European Court of Human Rights. Pro Futuro, 1(1), 131-138. https://doi.org/10.26521/Profuturo/2011/1/5609
Abstract

Since its adoption in 1950, the Convention for the Protection of Human Rights and Fundamental Freedoms has established one of the best mechanism for the international protection of human rights. Because of the continuous increase of the European Court of Human Rights’ workload, the modification of the Court’s procedure was needed. During this reform, a new admissibility requirement is inserted in Article 35 of the Convention, which empowers the Court to declare inadmissible applications where the applicant has not suffered a significant disadvantage. This new admissibility criteria is applicable since 1 June 2010 (when Protocol No. 14. entered into force). The study examines the travaux preparatoires and the current text of the Protocol, and analyzes the case-law of the Court concerning this new criteria.