The legal status of non-governmental organisations under the European Convention on Human Rights and consequences in international law
Abstract
The contribution deals with the role of non-governmental organizations in the proceedings before the European Court of Human Rights. 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) a provider of information. In each of these capacities, the NGOs have particular rights and obligations. A large number of non-governmental organizations not only communicates information to the Court during the proceedings, but also assists to the Committee of Ministers of the Council of Europe in the course of execution supervision. Regarding the duties of NGOs under the Convention, it should be noted that they are mostly of procedural character. The longest is a list of obligations of an applicant. Given the relatively extensive catalogue of substantive rights and strong procedural status of non-governmental organizations in the frames of the European Convention, the author comes to the conclusion that they, as well as individuals, possess limited legal personality in international law.