Council of Europe: European Court of Human Rights

The Court, based in Strasbourg, was set up as a result of the European Convention on Human Rights, created in 1950. This set out a catalogue of civil and political rights and freedoms. It allows people to lodge complaints against States which have signed up to the Convention for alleged violations of those rights. Although founded in 1950, the Court did not actually come into existence until 1959. It gained its present form as a single European Court of Human Rights when Protocol No. 11 to the ECHR took effect in 1998.

The Court is currently made up of 47 judges, one in principle for every State signed up to the Convention. They are elected by the Parliamentary Assembly of the Council of Europe and serve for six years. Judges sit on the Court as individuals and do not represent their country. Website: www.echr.coe.int/Pages/home.aspx?p=home

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AFFAIRE BILALOVA ET AUTRES c. POLOGNE (Requête no 23685/14) Relying in particular on Article 5 § 1 (f) (right to liberty and security), the applicants complained about their placement and retention in the closed centre for aliens, alleging, inter alia, that they were illegal. Violation of Article 5 § 1 f) – in respect of the applicant children, concerning their retention in the closed centre 26 March 2020 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Legal Instrument: 1950 European Convention on Human Rights (ECHR) \| Topic(s): Children's rights - Expulsion - Rejected asylum-seekers - Right to liberty and security \| Countries: Germany - Poland - Russian Federation
CASE OF T.C.E. v. GERMANY (Application no. 58681/12) in a case which concerns family life as well as immigration, the extent of a State’s obligations will vary according to the particular circumstances of the persons involved and the general interest. 1 March 2018 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Legal Instrument: 1950 European Convention on Human Rights (ECHR) \| Topic(s): Expulsion - Rejected asylum-seekers - Residence permits / Residency - Right to family life \| Countries: Germany - Nigeria
Kaya v. Germany This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. 28 June 2007 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Criminal justice - Deportation / Forcible return - Expulsion - Residence permits / Residency - Right to family life \| Countries: Germany - Türkiye
Keles v. Germany This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. 27 October 2005 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Expulsion \| Countries: Germany - Türkiye
Dragan et autres c. l'Allemagne 7 October 2004 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Decision on admissibility - Deportation / Forcible return - Expulsion - Public health - Right to family life - Rights of non-citizens - Statelessness - Withdrawal of nationality \| Countries: Germany - Romania
Ghiban c. Allemagne 16 September 2004 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Expulsion - Naturalization - Statelessness - Visas \| Countries: Germany - Romania
Mogos et Krifka c. Allemagne 27 March 2003 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Decision on admissibility - Exhaustion of domestic remedies - Expulsion - Racial / Ethnic persecution - Social group persecution - Statelessness \| Countries: Germany - Romania

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