.png)
Lawyer ECHR & ECJ Immigration
All information on hiring a lawyer for ECHR & ECJ immigration proceedings.
Share:
.jpg)
what proceedings there are before the ECHR and the ECJ
which special features apply before the ECHR and the ECJ
most important ECtHR and ECJ proceedings
Hire a lawyer for ECHR and ECJ immigration proceedings
1. German lawyer for ECHR proceedings (immigration)
2. German lawyer for ECJ proceedings (immigration)
3. Admission requirements for lawyers before the ECHR and the ECJ
4. Advantages of legal representation at the ECHR and ECJ
5. FAQ Lawyer ECHR and ECJ
6. Conclusion Lawyer ECHR and ECJ
1. German lawyer for ECHR proceedings (immigration)
Proceedings before the European Court of Human Rights (ECHR) can be an important final resort for people with migration-related concerns, especially when domestic legal remedies have been exhausted . Typical cases concern deportations, detention conditions, or family reunification from a human rights perspective. The ECHR examines whether a state party has violated the European Convention on Human Rights (ECHR) .
A lawyer specializing in the ECHR is familiar with the formal requirements, such as compliance with relevant deadlines and the formal requirements for ECHR applications. They can assess whether a case is admissible and whether human rights arguments can be successfully advanced. This plays a particularly important role in migration and visa law , as migration law cases before the ECHR must be carefully prepared to make them understandable to the court.
2. German lawyer for ECJ proceedings (immigration)
Proceedings before the European Court of Justice (ECJ) differ fundamentally from those before the European Court of Human Rights. The ECJ primarily rules on the interpretation and application of EU law , i.e., EU directives, regulations, and treaties. In the area of immigration, these primarily concern questions concerning residence directives, freedom of movement, and visa regulations (see European secondary law ).
A lawyer specializing in proceedings before the ECJ is familiar with the specifics of the preliminary ruling procedure under Article 267 TFEU, as well as types of actions such as infringement actions and actions for annulment. In migration law, for example, the ECJ can clarify whether national provisions are compatible with EU law. An experienced lawyer knows how to prepare EU law arguments during the national proceedings to facilitate a referral to the ECJ . Expertise in migration law is essential to guarantee high-quality representation before the ECJ.
3. Admission requirements for lawyers before the ECHR and ECJ
Anyone wishing to appear as a lawyer before the European Court of Justice (ECJ) or the European Court of Human Rights (ECHR) must meet certain admission requirements . Only lawyers who are authorized to practice law in a member state of the European Union may appear before the ECJ. This is stipulated in Article 19 of the Statute of the ECJ . However, separate admission to the ECJ itself is not necessary – national admission is sufficient. However, member states can generally decide for themselves what type of representative they send to the ECJ. This does not necessarily have to be a lawyer.
The European Court of Human Rights also does not require additional admission to the court in Strasbourg for legal representation. Lawyers must simply be authorized to practice in a member state of the Council of Europe, as stipulated in Article 36 of the Rules of Procedure of the European Court of Human Rights . However, this lawyer should be a specialized immigration and visa lawyer in order to handle the complex immigration law procedures. Sufficient language skills in English or French are also important, as the main language of proceedings at the European Court of Human Rights is one of these two. Therefore, both national and international legal and linguistic competence are crucial for effective representation.
4. Advantages of legal representation at the ECHR and ECJ
In principle, representation by lawyers before the ECHR and the ECJ is not mandatory . However, engaging a specialized lawyer for proceedings before the ECHR or the ECJ offers many advantages. The lawyer ensures compliance with the strict formal requirements, reviews admissibility, and bases the arguments on current case law from both courts. This is crucial for success, especially in complex immigration law cases.
Lawyers also increase the chances that a case will even be accepted for a decision . In proceedings before the ECHR, the acceptance rate is less than 5%. This makes a compelling complaint all the more important. In ECJ proceedings, too, only a convincingly reasoned request for a preliminary ruling can be submitted by the national court. Good lawyers can help overcome these hurdles.
5. FAQ Lawyer ECHR and ECJ
When can I appeal to the ECHR?
If all domestic remedies have been exhausted and there has been a violation of the ECHR, an application may be lodged with the ECtHR within six months.
How much does a case before the ECHR or ECJ cost?
Legal fees are usually based on the German Lawyers' Act (RVG) or an individual fee agreement. Court fees are often not charged.
How long does a case before the ECHR or ECJ take?
ECHR proceedings take several years on average. ECJ proceedings – especially preliminary rulings – can also take over a year.
Can any lawyer represent me?
In principle, yes. However, not every lawyer is familiar with the specific procedural requirements before the ECHR or the ECJ. It is advisable to engage a lawyer specializing in European courts.
6. Conclusion Lawyer ECHR and ECJ
Proceedings before the ECHR and the CJEU are complex and require legal expertise at the European level. Immigration law, in particular, often involves fundamental questions of human rights or the interpretation of EU law. A specialized lawyer can effectively enforce your rights. Anyone who believes they have been wronged by authorities or national courts should examine whether proceedings before the ECHR or the CJEU are possible. Support from experienced lawyers is essential – from the initial assessment to full representation before the European courts. VISAGUARD is happy to assist you with lawyers before the ECHR or the CJEU in visa and immigration matters.