F igure 5.9: procedure for bringing an action in the European Court of Human R ights • Domestic remedies must have been exhausted (Article 35). • Application to the ECtHR must be within six months of final hearing in the domestic court. • It must be an admissible application. • There can be a limited audience in a court of first instance (a chamber) relating to the matter. • Within three months a party can ask for a Grandchamber hearing. • Enforcement of the decision of the court is a matter for the Committee of Ministers. Here the matter reverts to the political level but a State who consistently abuses human rights can be expelled from the Council of Europe. The remedies under the English legislation allow for the following. Figure 5.10: remedies under the Human Rights Act 1998 • English courts and tribunals take account of cases in the ECtHR and other relevant courts and decide cases accordingly. • English courts can note whether legislation is incompatible with the Convention and if so issue a declaration of incompatibility. They have no power to declare primary or secondary legislation invalid, although they do have a power to invalidate secondary legislation if the primary legislation that it is based on does not forbid it. This severely limits the power of the judges to enforce the Convention rights. • If Parliament decides that the incompatibility should be dealt with there is a fast track procedure for delegated legislation to deal with the speedy removal of the incompatibility allowing a ‘remedial’ order to be enacted. • Public authorities can be fined for contravention of the Act. • Courts must act in a manner compatible with the Act. • All statutes must carry a declaration of compatibility with the HRA 1998 signed by the minister responsible for the original Bill stating that the legislation is not incompatible or if it is incompatible that the government intends the legislation to be incompatible. In keeping with the ‘hands on’ approach of this text, the HRA 1998 can be found in Appendix 2. Read it through quickly to get an idea of it and then carefully do the following exercise. You will also find two diagrams: the HRA 1998 sections and the HRA 1998 Schedules.

DOI link for F igure 5.9: procedure for bringing an action in the European Court of Human R ights • Domestic remedies must have been exhausted (Article 35). • Application to the ECtHR must be within six months of final hearing in the domestic court. • It must be an admissible application. • There can be a limited audience in a court of first instance (a chamber) relating to the matter. • Within three months a party can ask for a Grandchamber hearing. • Enforcement of the decision of the court is a matter for the Committee of Ministers. Here the matter reverts to the political level but a State who consistently abuses human rights can be expelled from the Council of Europe. The remedies under the English legislation allow for the following. Figure 5.10: remedies under the Human Rights Act 1998 • English courts and tribunals take account of cases in the ECtHR and other relevant courts and decide cases accordingly. • English courts can note whether legislation is incompatible with the Convention and if so issue a declaration of incompatibility. They have no power to declare primary or secondary legislation invalid, although they do have a power to invalidate secondary legislation if the primary legislation that it is based on does not forbid it. This severely limits the power of the judges to enforce the Convention rights. • If Parliament decides that the incompatibility should be dealt with there is a fast track procedure for delegated legislation to deal with the speedy removal of the incompatibility allowing a ‘remedial’ order to be enacted. • Public authorities can be fined for contravention of the Act. • Courts must act in a manner compatible with the Act. • All statutes must carry a declaration of compatibility with the HRA 1998 signed by the minister responsible for the original Bill stating that the legislation is not incompatible or if it is incompatible that the government intends the legislation to be incompatible. In keeping with the ‘hands on’ approach of this text, the HRA 1998 can be found in Appendix 2. Read it through quickly to get an idea of it and then carefully do the following exercise. You will also find two diagrams: the HRA 1998 sections and the HRA 1998 Schedules.

F igure 5.9: procedure for bringing an action in the European Court of Human R ights • Domestic remedies must have been exhausted (Article 35). • Application to the ECtHR must be within six months of final hearing in the domestic court. • It must be an admissible application. • There can be a limited audience in a court of first instance (a chamber) relating to the matter. • Within three months a party can ask for a Grandchamber hearing. • Enforcement of the decision of the court is a matter for the Committee of Ministers. Here the matter reverts to the political level but a State who consistently abuses human rights can be expelled from the Council of Europe. The remedies under the English legislation allow for the following. Figure 5.10: remedies under the Human Rights Act 1998 • English courts and tribunals take account of cases in the ECtHR and other relevant courts and decide cases accordingly. • English courts can note whether legislation is incompatible with the Convention and if so issue a declaration of incompatibility. They have no power to declare primary or secondary legislation invalid, although they do have a power to invalidate secondary legislation if the primary legislation that it is based on does not forbid it. This severely limits the power of the judges to enforce the Convention rights. • If Parliament decides that the incompatibility should be dealt with there is a fast track procedure for delegated legislation to deal with the speedy removal of the incompatibility allowing a ‘remedial’ order to be enacted. • Public authorities can be fined for contravention of the Act. • Courts must act in a manner compatible with the Act. • All statutes must carry a declaration of compatibility with the HRA 1998 signed by the minister responsible for the original Bill stating that the legislation is not incompatible or if it is incompatible that the government intends the legislation to be incompatible. In keeping with the ‘hands on’ approach of this text, the HRA 1998 can be found in Appendix 2. Read it through quickly to get an idea of it and then carefully do the following exercise. You will also find two diagrams: the HRA 1998 sections and the HRA 1998 Schedules.