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Decisions on Inadmissible Applications by the European Commission of Human Rights

Published online by Cambridge University Press:  28 March 2017

Gordon L. Weil
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Notes and Comments
Information
American Journal of International Law , Volume 54 , Issue 4 , October 1960 , pp. 874 - 881
Copyright
Copyright © American Society of International Law 1960

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References

1 The Convention as signed appears in 45 A.J.I.L. Supp. 24 (1951). The Protocol is discussed by Myers, D. P., and Articles 1-3 are quoted in a note in 48 A.J.I.L. 299 (1954).Google Scholar

2 Greece v. United Kingdom. Both applications, one concerning violations of human rights under the emergency measures instituted by the British on Cyprus and the other concerning behavior of British troops there, were terminated on the request of Greece following the Cyprus settlement in February, 1959.

3 Myers, D. P. discussed certain procedural aspects of the submission of applications to the Commission in 50 A.J.I.L. 949 (1956).Google Scholar

4 Members of the Court took the oath of investiture at the Tenth Anniversary Session of the Council of Europe in April, 1959.

5 European Commission of Human Rights. Documents and Decisions 1955-1956- 1957 (The Hague: Martinus Nijhoff, 1959. Hereinafter cited as 1 Documents and Decisions). A. McNulty and M. Eissen, two Council of Europe officials, also discuss these decisions in Journal of International Commission of Jurists, Spring-Summer, 1958, pp. 198-223. They employ a slightly different classification.

6 Such cases have often involved a failure to appeal to the Federal Constitutional Court (Bundesverfassungsgericht) of the German Federal Republic.

7 Decision No. 188/56. 1 Documents and Decisions 174.

8 France has not yet ratified, probably because it wishes to prevent a flood of applications from being submitted by Algerians. Decisions of the Commission rejecting applications because of lack of ratification are in fact made by virtue of the limitation ratione personae. Although the Saar, as an associate member of the Council of Europe, had signed and ratified the Convention and Protocol, it did not recognize the right of individual recourse to the Commission. Therefore prior to the political integration of the Saar into the Federal Republic of Germany on Jan. 1, 1957, applications against it were rejected.

9 1 Documents and Decisions 166.

10 See below, discussion of title eleven, ex officio examination.

11 Decision 268/57. 1 Documents and Decisions 241.

12 Ibid. 255.

13 Council of Europe. Directorate of Information. Documents IP/1384, IP/1406 and Nouvelles du Conseil de 1'Europe, juin, 1960, p. 61. This and other aspects of the convention will be treated at greater length in a doctoral dissertation now under preparation by the writer, Cutting Fellow of International Law at Columbia University.