Case selection procedures: perspective from the case law of the European court of human rights

Abstract

It is through the adoption of the Civil Procedure Code (promulgated in State Gazette No. 59 of 20 July 2007, effective since 1 March 2008) that cassation appeal in Bulgaria became selective. Similar models of appeal to supreme courts have been in operation in Europe and around the world for decades. For this reason, the European Court of Human Rights (ECHR) has had the opportunity to develop a body of case law regarding the compatibility of the limitations introduced by selective appeals with Art. 6, § 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms. This paper provides a brief overview of the ECHR’s case law on these issues.