Friendly settlements and unilateral declarations
These resources present an overview of the provisions of the European Convention on Human Rights, the case-law of the European Court of Human Rights, and the Rules of Court in relation to friendly settlements and unilateral declarations (UDs), as well as the resulting procedures of striking out and restoration of cases.
Friendly settlements and UDs are different procedures, yet are often connected: if a friendly settlement cannot be agreed then governments increasingly seek to make a UD. They have advantages and disadvantages for applicants, who should be advised on both when considering these mechanisms. For example, while they can have the benefit of significantly reducing the timeframe of proceedings, it may also take longer to ensure compliance with them (where, for example, a timeframe for undertakings given by the Government is not specified). It is common for applicants and lawyers to be hesitant about the two mechanisms due to such potential drawbacks; however, the well-judged use of either mechanism may achieve a quicker effective remedy for the applicant.
As the Court now adopts a more proactive approach to facilitating settlement, it is also increasingly important for lawyers to be able to advise applicants on these procedures and the resulting avenues of striking out and restoration of cases.
This package of resources includes:
- A Guide [PDF, view online or download]
- The full webinar recording (presentation with voiceover) [streaming only]
- Slideshow [.ppsx file, download only]
To use the video and audio resources, you will need an internet connection.