These notes concern the Convention dimension of cases decided by the French courts, up to the Court of Cassation or the Conseil d'État: what remains to be examined under the Convention once the final domestic decision has been delivered.
A dismissed appeal on points of law does not always close the Convention question, but the seriousness of a case is not enough to open the door to Strasbourg: the complaint must, as a rule, have been raised at least in substance before the domestic courts, and the European Court of Human Rights is not a court of fourth instance. These notes examine what distinguishes a question the Court can decide from mere disagreement with the domestic decision.
Just Rights Europe does not replace the lawyers conducting the domestic proceedings, nor the avocats aux Conseils before the Court of Cassation and the Conseil d'État; it works on the Convention dimension alone, after the final decision of the highest national court.
In 2025, of 646 applications against France dealt with by the European Court of Human Rights, only 27 were decided by judgment. What happens to the others? And how do you explain to a litigant that a case which has weighed on their whole life may stop at Strasbourg’s door?
In November 2009, a French lawyer lost his appeal on points of law. His conviction for remarks on the functioning of the judiciary became final. In April 2015, the Grand Chamber of the European Court of Human Rights found in his favour. In December 2016, his case came back before the Court of Cassation, sitting as a full court.
These notes are general information on Convention law; they do not constitute legal advice and do not create a lawyer-client relationship.
After the final decision of the highest national court, a case may be submitted to us directly, by the client or by their lawyer.