Overview of the legal status of non-governmental organisations under the European Convention on Human Rights
Abstract
The article deals with the role of non-governmental organizations (NGOs) in the proceedings before the European Court of Human Rights. The European Convention has its own “autonomous” meaning of the term “NGO” and from the case law of the Court it can be derived that this category is considerably wider in comparison to the “classic” definition; specifically, it includes different types of commercial entities. Analysis of the European Convention shows that non-governmental organizations play four main roles in the proceedings:
1) an applicant,
2) a third party,
3) a representative, and
4) an information provider. In each of these capacities, the NGOs have particular rights and obligations. As to the issue of rights, the strongest position is that of an applicant. Regarding the duties of NGOs under the Convention, it should be noted that they are mostly of procedural character. Some non-governmental organizations not only communicate information to the Court during the proceedings, but also assist the Committee of Ministers in the course of execution supervision.