The 4-Month Rule — ECHR’s Strict Time Limit
Under Article 35(1) of the European Convention on Human Rights, the Court may only deal with an application after all domestic remedies have been exhausted and within four months of the final domestic decision.
Key facts about the ECHR time limit:
- The deadline was reduced from 6 months to 4 months in August 2022 when Protocol 15 entered into force
- Applications submitted before August 2022 are subject to the old 6-month rule
- The deadline is absolute — the ECHR has no discretion to grant extensions
- Missing the deadline results in automatic inadmissibility, regardless of the merits of the case
For a detailed analysis of how this rule applies to your situation, see our dedicated page on the ECHR 4-month rule.
When Does the 4-Month Clock Start?
Identifying the correct start date is critical — and often where applicants make costly mistakes. The clock starts on different dates depending on the type of case:
| Scenario | When Clock Starts |
|---|---|
| Court judgment | Date of the last binding judgment (not when reasoning is provided) |
| Administrative decision | Date the decision was notified to the applicant |
| Continuing situation | Day the situation ends |
| No domestic remedies available | Date of the act or violation itself |
Before calculating your deadline, ensure you have correctly identified which domestic remedy constitutes the “final” one. See our guide on how to exhaust domestic remedies before the ECHR.
Calculating Your ECHR Deadline
The calculation follows calendar months, not days:
- Count 4 full calendar months from the date of the final domestic decision
- Example: Final judgment delivered on 1 March → ECHR deadline is 1 July
- If the deadline falls on a Saturday, Sunday, or public holiday, it moves to the next working day
- The application date is the date it is sent (postmark date) or the date of electronic submission via eComms
Given the tight timeframe, it is strongly advisable to begin preparing your application immediately after your final domestic decision. Consulting an ECHR lawyer early ensures your timeline is correctly assessed and your form properly completed before the deadline.
Common Mistakes with ECHR Time Limits
Many applicants miss the 4-month deadline due to avoidable errors. The most common include:
- Waiting for written reasoning — the clock starts from the decision date, not from when the written reasoning is received or published
- Counting 6 months — the old 6-month rule was replaced in August 2022; applicants still counting 6 months will miss their deadline
- Filing with the wrong domestic body — an appeal to a body with no jurisdiction does not reset or pause the ECHR clock
- Misjudging the “final” decision — pursuing unnecessary appeals can exhaust time without resetting the ECHR deadline
Understanding ECHR admissibility requirements in full — not just the time limit — is essential before filing. For the full procedural process, see our guide to filing a complaint to the ECHR.
Frequently Asked Questions
What is the ECHR time limit?
4 months from the final domestic decision or the date of the act complained of. This was reduced from 6 months in August 2022 under Protocol 15.
Can the ECHR extend the time limit?
No. The 4-month time limit is an absolute admissibility requirement under Article 35(1) ECHR. There are no exceptions and the Court cannot grant extensions under any circumstances.
What if I missed the ECHR deadline?
If you missed the 4-month deadline, your application will be declared inadmissible. Contact an ECHR lawyer to assess whether any exceptions or alternative legal arguments apply to your specific case.
Does sending an initial letter stop the ECHR time limit?
No. Only a completed Form DOC application stops the clock. Informal letters to the ECHR Registry do not interrupt the time limit and will not be treated as a valid application.