The European Court of Human Rights can:
1. Examine your complaint about a possible human rights violation
It can do so for individuals of those countries which have signed and ratified the European Convention of Human Rights. Slovenia is included among those states.
2. Require the state to grant you compensation
If your application is accepted, the Court can determine whether Slovenian state authorities have violated your human rights. If the Court concludes that there has been a violation and you have asked for compensation, the Court can require the state to grant you compensation (usually a specific sum of money). The state must comply with the judgement of the Court.
To receive compensation, you have to ask for it. There are two kinds of damages for which you can ask to be compensated:
- Material damages (or pecuniary damages)
Actual loss of money or other property with value. In the case of material damages, you will have to establish the value of your lost property or the sum of money.
- Moral damages (or non-pecuniary damages)
Mental suffering because of the human rights violation. In the case of moral damages, you can indicate a sum which you wish to receive, but the final decision on the amount is left to the Court.
3. Order interim measures to prevent irreversible harm
The Court may order that interim measures should be adopted in the interest of the parties, or in the interest of the proper conduct of proceedings. The Court may order such measures at the request of one of the parties, or of its own motion. The purpose of interim measures is to prevent the risk of irreparable harm. Interim measures requested by the Court are binding.
example The Court may request that a State suspends the deportation of an applicant if that deportation could lead to serious harm or loss of life.
The European Court of Human Rights cannot:
The Court can only carry out those tasks, which it is allowed to do under the European Convention on Human Rights. As an international court, it has very specific functions and it does not have the same power as higher courts in Slovenia.
Therefore, it cannot:
- examine complaints about the actions of private companies and persons
- revoke or change decisions of courts or state institutions
- re-examine the evidence of national court cases
- punish state officials or private individuals
- examine complaints about violations of European Union law
- annul or amend Slovenian laws