3/14/2019

ECHR Single-judge Decisions always lead to an Inadmissibility decision???

Color me ignorant but the way I understand it "this flow chart indicates the progress of a case by judicial formation" and the only way I can interpret it is indeed:

ECHR Single-judge Decisions always lead to an Inadmissibility decision.

ECHR Single-judge Decisions always lead to an Inadmissibility decision???

This means once a case is referred to a single judge the decision has already been made. There is no other logical way to see this differently.

Here is an excerpt from "The European Court of Human Rights: What It Is, How It Works, and Its Future" by McKaskle, Paul L. (2005).
In the Strasbourg Court, however, the Registrar's staff is answerable to the Registrar, and not to individual judges. The Registrar's staff prepares the initial analysis of all cases, is present in Chamber deliberations, and probably prepares most opinions of the Court. What effect this relationship has on the jurisprudence of the Strasbourg Court is impossible for an outsider to know.
In footnote 253 it reads:
Further, I have been told by lawyers familiar with the Court that they have seen applications that did appear to present serious issues but which were, nevertheless, rejected as "manifestly unfounded." While rejected applications are, in theory, available for public inspection, the procedure to see a file is tedious.
It is not only tedious, it is purged from public view:

"shall not keep the file in its archives for more than one year from the date of this decision."

Judge André Potocki

"I have been told by lawyers familiar with the ECHR that they have seen applications that did appear to present serious issues but which were, nevertheless, rejected as "manifestly unfounded"."

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