Reimbursement of costs and expenses as a form of just satisfaction in the European court of human rights case law

• Main Authors: Radivojević Zoran, Raičević Nebojša
• Format: Article
• Language: English
• Published: Faculty of Law, Niš 2019-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Nišu
• Subjects: costs and expenses; european court of human rights; european convention on human rights; reimbursement; just satisfaction; free legal aid.
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2019/0350-85011985073X.pdf

The reimbursement of the costs and expenses incurred by the applicant in the proceedings is the one form of just satisfaction which is not explicitly provided for in Article 41 of the ECHR. The costs and expenses incurred in order to prevent a violation of the Convention or to remedy the consequences of a violation thereof shall be reimbursed. They cannot be covered by the mere statement that the injury itself constitutes just satisfaction without awarding a monetary sum. The award relates both to the costs incurred by the applicant before the domestic authorities and in the proceedings before the ECtHR itself. In terms of costs payment, the applicants are at a disadvantage as compared to the States. In order to mitigate this inequality, free legal aid has been established. It is granted by the ECtHR upon the applicant's written request or on its own motion. Legal aid shall be given if it is necessary for the proper conduct of the proceedings and if the applicant has insufficient means to meet all or part of the costs entailed. Free legal aid covers the fees of the applicant's legal representatives as well as other expenses incurred by the applicant and related to the proceedings. The Convention does not provide the criteria for affording costs and expenses, but the issue is settled by the Court in each particular case. Through long-standing and extensive case law, a four-part test for awarding costs and expenses has been established. According to that test, the costs must cumulatively fulfill the following conditions in order to be reimbursed: they were incurred in connection with a violation of the Convention; they were actually incurred; they are necessary; and they are reasonable as to quantum. As regards the procedure, the Court does not award the costs on its own motion or in excess of the amount claimed by the applicant. A claim for reimbursement can be made only by the plaintiff in his own name and within the time limit set by the Court. The request must be accompanied by all the necessary evidence to show that the costs were actually incurred. The Court may decide on the submitted request in the principal judgment or postpone this issue and settle it in a separate judgment. If the Court has accepted the claim, it awards in the judgment the lump sum covering all recognized costs. The state must pay the reimbursement within three months and interest will accrue after the expiry of that period.