ABSTRACT

Before November 1998 complaints were first taken to the European Commission on Human Rights. The Commission would investigate the matter and decide whether the complaint was admissible and, if so, it would give its opinion on the merits. If there was no friendly settlement, the Commission or the State (but not the individual) could refer the matter to the European Court of Human Rights. The Court would make a final and binding determination on whether there was a violation of the Convention, and if so, whether compensation should be paid. Protocol 11, which came into force on the 1 November 1998, abolished the European Commission on Human Rights and reformed the Court. Complaints now go direct to the Court. A committee of three judges of the Court will determine whether the complaint is admissible. If admissible, the case will normally be dealt with by a court of seven judges. Cases that involve a serious question of interpretation are dealt with by a Grand Chamber of eleven judges.