Human Rights Law
Time Limit for Applying to the ECHR: When Does the Four-Month Period Begin?
The four-month application deadline, its starting point, calendar-month calculation, domestic remedies and the requirements of a valid ECHR application.
The strict four-month deadline
Under Article 35 of the European Convention on Human Rights, an application must normally be lodged within four months of the final decision exhausting effective domestic remedies. Missing the deadline can result in inadmissibility without examination of the substance of the alleged violation.
When does time start running?
The date printed on a judgment does not necessarily settle the starting point. Pronouncement, service on the applicant or lawyer, and knowledge of its contents must be assessed in the circumstances. Preserve the decision and evidence of notification.
Where no effective domestic remedy exists, the event or act complained of may determine the starting point. Do not assume that a decision from the highest court must always be awaited.
Four months does not mean 120 days
The period is calculated in calendar months rather than a fixed 120 days. A final day falling on a Saturday, Sunday or public holiday is not automatically extended to the next working day. Domestic procedural time-limit rules should not simply be applied to the ECHR deadline.
What constitutes a valid application?
The official application form must meet Rule 47 of the Rules of Court and be dispatched in time with the required information, signatures and supporting documents. Explain the facts, complaints, domestic remedies and compliance with the deadline. Do not rely on completing an incomplete application after time has expired.
Under the Court’s general procedure, applications are sent by post. Sending a fax does not interrupt the four-month period. Arrange dispatch early and retain evidence of posting.
Does a request for reconsideration extend time?
An extraordinary remedy or request for reconsideration does not automatically restart the deadline. Its effectiveness and whether the complaint was re-examined matter. A fresh rejection does not necessarily provide a new four-month period.
Time-limit rules at a glance
| Issue | General rule |
|---|---|
| Application period | Normally four months |
| Starting point | Pronouncement, service or knowledge of the final decision assessed individually |
| No effective domestic remedy | The event or act may be relevant |
| Calculation | Calendar months, not a fixed 120 days |
| Final day is a holiday | No automatic extension to the next working day |
| Office enquiry or WhatsApp message | Not an ECHR application; does not preserve time |
| Official application | Dispatch a Rule 47-compliant application within time |
Our enquiry form does not stop the deadline
Consulting a lawyer, starting preparation or submitting the preliminary review form on this website does not lodge an application with the ECHR. Time continues while you await a reply. First establish the deadline using the decision and notification documents. This article provides general information; the precise starting point and expiry must be assessed for the individual case.
This publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.