Analysis |
Claim is rejected because of offensive language towards the ECtHR/ECmHR, among others qualifying the judges as Nazi judges. The applicant was asked to withdraw such statements from his application and was informed that if he did not, his claim would be rejected. He refused to do so. His claim was rejected by reason of abuse of right.
The doctrine of abuse of right was put in the Convention because many delegates feared that citizens would abuse their right to petition, either for political purposes, or because they would submit claims that are frivolous or offensive. This fear has not materialised, though some applicants use rather crude language. The question is whether and why an application should be rejected when applicants use such language. A reason for this could be that it reduces the (moral) authority of the Court; on the other hand, one could argue that the ECmHR and ECtHR could simply ignore these accusations and discuss the material substance of the complaint.
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