ECtHR Rule 47: what makes an application form complete and what happens if it is not

The rule and the clock

Article 35 § 1 of the Convention allows the Court to deal with a matter only after domestic remedies have been exhausted and within four months of the date of the final decision. Rule 47 sets the format of the application that starts that period, and the Practice Direction on the institution of proceedings supplements it.

The Practice Direction states that, except as Rule 47 provides otherwise, only a completed application form will interrupt the running of the four-month time limit. A telephone call does not start the clock, and an application cannot be made by telephone. A fax does not interrupt the period either: the signed original must also be posted within the same four months (Practice Direction §§ 1 and 3).

Rule 47 § 6 sets the date of introduction. It is the date on which an application form satisfying the requirements of the Rule is sent to the Court, and the date of dispatch is the date of the postmark. The Court may decide that a different date shall be the date of introduction where it finds this justified (Rule 47 § 6(b)). The first incomplete form therefore does not by itself protect the deadline.

What the form must contain

Rule 47 § 1 lists the content. The form must set out these items:

• the name, date of birth, nationality and address of the applicant (or the details of a legal person);
• the name, address, telephone and fax numbers and e-mail address of any representative;
• where the applicant is represented, the dated and original signature of the applicant on the authority section, and the original signature of the representative showing that he or she has agreed to act;
• the name of the state or states against which the application is made;
• a concise and legible statement of the facts;
• a concise and legible statement of the alleged violations of the Convention and the relevant arguments; and
• a concise and legible statement confirming compliance with the admissibility criteria in Article 35 § 1.

Where the statements must appear

The Practice Direction is specific about placement. The facts, the complaints and the explanation of compliance with the admissibility criteria must be set out in the space provided on the form. The information should be enough to enable the Court to determine the nature and scope of the application, so that the completed form alone suffices. Annexing a statement of facts and complaints with the note "see attached" is not acceptable, and a form without this information on its face is not regarded as compliant with Rule 47 (Practice Direction § 7).

Fields are to be filled in with words. Symbols, signs and abbreviations should be avoided, and the applicant should explain in words even when the answer is negative or the question seems irrelevant (Practice Direction § 6).

Additional explanations may be attached as a separate document of at most 20 pages. The Practice Direction asks for A4 pages with a margin of at least 3.5 cm, legible text of at least 12 pt in the body and 10 pt in footnotes with one and a half line spacing, numbers in figures, consecutive page numbers, numbered paragraphs and headings for facts, complaints and information on exhaustion and the time limit (Practice Direction § 5).

Documents, signatures and representation

The form must be accompanied by copies of the documents relating to the decisions or measures complained of, and of the documents showing that the applicant has exhausted domestic remedies and respected the time limit, along with any papers on other international procedures. The documents must be listed by date, numbered consecutively and clearly identified (Rule 47 § 3).

If a document cannot be provided, the applicant must give an adequate explanation. The Practice Direction says that merely stating that there were difficulties will not suffice where documentary evidence of the difficulty, such as proof of indigence or an authority's refusal to supply a decision, could reasonably be expected. Without an adequate explanation, the application will not be allocated to a judicial formation (Practice Direction § 10).

A lawyer is not required at the introductory stage. If the applicant instructs one, both sign the authority section. The Rule allows the Court to accept copies of signatures or authority forms valid in domestic law only if compelling reasons are given and the original authority form is sent within a reasonable time (Rule 47 § 1(c)). The Practice Direction adds that the need to complete the form quickly within the four months is not an adequate explanation for a missing signature (§ 9).

What happens if the form falls short

Rule 47 § 5.1 says that failure to comply with paragraphs 1 to 3 "will result in the application not being examined by the Court" unless one of three things applies: the applicant has given an adequate explanation, the application concerns a request for an interim measure, or the Court otherwise directs of its own motion or at the applicant's request. Rule 47 § 5.2 also lets the Court ask an applicant for information or documents within a fixed time.

The Practice Direction warns that a delay in replying to the Registry, or no reply, may be regarded as a sign that the applicant is no longer interested in pursuing the application (§ 4). It also tells applicants to inform the Registry of earlier or pending applications (§ 11) and of any change of address (Rule 47 § 7).

A person who wants the identity withheld from the public must say so on the form and give reasons. The Court may authorise anonymity or grant it of its own motion (Rule 47 § 4; Practice Direction § 12).

A practical check before posting

The Rule and the Practice Direction suggest a short checklist. It is general information and does not replace review of the specific case.

1. Count four months from the date on which the final decision was taken or notified, and keep proof of that date.
2. Fill in every applicable field on the current Court form in words.
3. Put the facts, the complaints and the admissibility explanation on the form itself.
4. Attach the decisions and exhaustion documents, in date order and numbered, with an explanation for any that are missing.
5. Sign the form. If a lawyer represents the applicant, both sign the authority section.
6. Post the form to The Registrar, European Court of Human Rights, Council of Europe, 67075 Strasbourg Cedex, France, and keep the proof of the postmark date.