Application of Legal Entities to the European Court of Human Rights: a Significant Disadvantage as the Condition of Admissibility

Abstract

This article lists the content and deals with the criteria for assessing the presence or absence of material damage suffered by the applicant to the European Court of Human Rights, the subject of entrepreneurship, as a new condition for the admissibility of an individual application. The article establishes that the list and content of the criteria for assessing the presence or absence of material damage suffered by the applicant to the European Court of Human Rights are different for individuals and for legal entities – business entities. Moreover, the article initiates a discussion on the list and content of these criteria for the subjects of entrepreneurship – the applicants to the European Court of Human Rights. In the light of the Court’s practice, the author reveals their content as well as legal categories such as ‘substantial harm’, ‘financial harm’, ‘pecuniary damage’, ‘non-pecuniary damage’ incurred by the applicant, the subject of entrepreneurship, and highlights the issues to which objectives may be caused by ‘moral harm’ in case of violation of the rights of the subject of entrepreneurship.

An Analysis Of The Strategic Effect Of Lnformation System On The Lmmunity Enhancement Of Gallbladder Patients

“…Immunity works to kill or neutralize pathogens against infection or cancer. People should increase people's immune system through people's usual lifestyle and food control, as people may be worried about the virus' health [9], [17]. We need to find ways to boost our immune system.…”

Qualification features of the circumstances introducing activity for protection of the paragraph "b" clause 3 article 35 of the convention for the protection of human rights and fundamental freedoms

“…The practice of the European Court of Human Rights testifies that the main element of the acceptability criterion is the question whether the applicant was inflicted on a violation of his right or fundamental freedom of "significant damage". The criterion of "substantial damage" which is based on the idea that violation of law, irrespective to the extent whether this violation has materialized character from the legal point of view, must reach a minimum degree of its severity for being considered by the International Court [12].…”

Untitled

“…This article is a continuation of the discussion initiated by the author for the first time in the legal science of the debate on the principle of «de minimis non curat prаetor» and on the list and content of the criteria for assessing the existence or absence of material damage suffered by the applicant before the European Court of Human Rights [7].…”

“…As you see, the condition of the admissibility of an individual statement -«significant harm» -is not absolute. If the applicant has not suffered material damage, but respect for human rights requires substantive consideration, the Court cannot declare individual application as inadmissible [7].…”

“…These rights are the cornerstone of the convention system, although the convention has a subsidiary nature. The purpose of introducing a new eligibility criterion for individual applications was solely to ensure the effectiveness of the conventional mechanism in the short, medium and long term [7].…”