Individual Applications Before the Ecthr as Constitutional Remedies
A.Y. 2025/2026
Learning objectives
This course introduces students to the individual application before the European Court of Human Rights (ECtHR) as a constitutional remedy within a multilevel system of rights protection. It aims to provide a solid understanding of the application's function and structure, the logic of subsidiarity, and the admissibility framework under Articles 34-35 ECHR (including standing, exhaustion of domestic remedies, and the most recurrent grounds of inadmissibility). Particular attention is devoted to Article 6 ECHR and its systemic "spillover effects" on domestic legal orders, through guided work on the Court's case-law and evidentiary standards. Alongside the conceptual framework, the course develops core practical skills through problem-based learning, a drafting workshop focused on key sections of an application, and short simulations culminating in a final moot trial.
Expected learning outcomes
At the end of the course, students will be able to:
(i) explain the role of the individual application within the ECHR system and its relationship with domestic judicial protection in a multilevel constitutional context;
(ii) apply the subsidiarity logic to concrete scenarios, including assessing the availability and effectiveness of domestic remedies and the exhaustion requirement;
(iii) identify and argue the main admissibility issues under Articles 34-35 ECHR, using the ECtHR's methodology and case-law;
(iv) analyse Article 6 ECHR claims (access to court, fairness, reasonable time, independence and impartiality) and anticipate their potential domestic implications; and
(v) draft, at an introductory but technically sound level, essential parts of an application (facts, complaints, and core merits arguments).
Students will also demonstrate these competences in a structured adversarial setting through class participation and a final moot simulation on admissibility and Article 6 ECHR (topic: AI and judicial decision-making).
(i) explain the role of the individual application within the ECHR system and its relationship with domestic judicial protection in a multilevel constitutional context;
(ii) apply the subsidiarity logic to concrete scenarios, including assessing the availability and effectiveness of domestic remedies and the exhaustion requirement;
(iii) identify and argue the main admissibility issues under Articles 34-35 ECHR, using the ECtHR's methodology and case-law;
(iv) analyse Article 6 ECHR claims (access to court, fairness, reasonable time, independence and impartiality) and anticipate their potential domestic implications; and
(v) draft, at an introductory but technically sound level, essential parts of an application (facts, complaints, and core merits arguments).
Students will also demonstrate these competences in a structured adversarial setting through class participation and a final moot simulation on admissibility and Article 6 ECHR (topic: AI and judicial decision-making).
Lesson period: First semester
Assessment methods: Giudizio di approvazione
Assessment result: superato/non superato
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Lesson period
First semester
Course syllabus
Learning objectives:
The course aims to:
- frame the individual application to the ECtHR as a tool for effective rights protection within the multilevel constitutional system;
- understand the admissibility requirements and limits (Articles 34-35 ECHR) and the logic of subsidiarity;
- focus in particular on Article 6 ECHR and its spillover effects on the domestic legal order;
- develop basic practical skills in reading/using the Court's case-law and in drafting key parts of an application.
Course contents:
- The individual application within the ECHR system: structure, functions, standing, the role of the Registry; the ECHR in multilevel constitutionalism.
- Subsidiarity and domestic remedies: exhaustion of domestic remedies, "effective remedy", interaction with national courts; margin of appreciation.
- Admissibility (Articles 34-35 ECHR): victim status, "significant disadvantage", the notion of "manifestly ill-founded", recurring grounds of inadmissibility.
- Article 6 ECHR: fair trial, access to court, reasonable time, independence/impartiality; core evidentiary standards in the Court's case-law.
- Workshop: building an application strategy, legal advocacy training, and essential drafting (facts, claims, merits).
- Simulation: short moot (applicant/respondent State) on admissibility and Article 6 ECHR, with feedback. Topic: "AI and judicial decision-making".
The course aims to:
- frame the individual application to the ECtHR as a tool for effective rights protection within the multilevel constitutional system;
- understand the admissibility requirements and limits (Articles 34-35 ECHR) and the logic of subsidiarity;
- focus in particular on Article 6 ECHR and its spillover effects on the domestic legal order;
- develop basic practical skills in reading/using the Court's case-law and in drafting key parts of an application.
Course contents:
- The individual application within the ECHR system: structure, functions, standing, the role of the Registry; the ECHR in multilevel constitutionalism.
- Subsidiarity and domestic remedies: exhaustion of domestic remedies, "effective remedy", interaction with national courts; margin of appreciation.
- Admissibility (Articles 34-35 ECHR): victim status, "significant disadvantage", the notion of "manifestly ill-founded", recurring grounds of inadmissibility.
- Article 6 ECHR: fair trial, access to court, reasonable time, independence/impartiality; core evidentiary standards in the Court's case-law.
- Workshop: building an application strategy, legal advocacy training, and essential drafting (facts, claims, merits).
- Simulation: short moot (applicant/respondent State) on admissibility and Article 6 ECHR, with feedback. Topic: "AI and judicial decision-making".
Prerequisites for admission
Good knowledge of English.
Teaching methods
- Interactive lectures (followed by Q&A).
- Guided case analysis on admissibility, Article 6 ECHR, and domestic spillover effects.
- Problem-based learning: exercises and discussions based on practical case studies.
- Writing workshop: essential drafting of selected parts of an application before the ECtHR.
- Short simulations / moot court, with structured feedback.
- Guided case analysis on admissibility, Article 6 ECHR, and domestic spillover effects.
- Problem-based learning: exercises and discussions based on practical case studies.
- Writing workshop: essential drafting of selected parts of an application before the ECtHR.
- Short simulations / moot court, with structured feedback.
Teaching Resources
B. Randazzo, Access to Justice in a Multilevel Constitutional System, Protecting Human Rights, Giappichelli, Turin, 2023; ECtHR official guides on Article 6 and Articles 34 and 35.
Assessment methods and Criteria
A final simulation (moot trial) (75%) and evaluation of class participation (25%)
IUS/09 - PUBLIC LAW - University credits: 3
Lessons: 21 hours
Professor:
Maglica Ander
Shifts:
Turno
Professor:
Maglica Ander