Article 34/35 - Individual applications and Admissibility criteria
Case-Law Guide
Article Updates
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Ribár v. Slovakia, no. 56545/21
Article 35: failure to exhaust available and effective domestic remedies with respect to alleged violations stemming from statute that allows for discretion in its implementation.
Judgment
M.T.S. and M.J.S. v. Portugal, no. 39848/19
Article 34: the first applicant’s locus standi to apply on behalf of her mother, the second applicant, confirmed the two Lambert criteria: (a) the risk that the direct victim would otherwise be deprived of effective protection of her rights, (b) and the absence of a conflict of interests between the victim and the applicant.
Judgment
S.M. v. Italy, no. 16310/20
Article 35: applicant’s decision to lodge the application with the Court while the proceedings were still pending before the competent supervisory court was justified due to the uncertainty as to whether his case would be considered promptly in view of suspensions and delays at that court at the outbreak of the COVID-19 pandemic.
Judgment
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- Representation of the child before the ECHR (Article 8)
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