By Raphaël MORENON
5 April 2025
You've gathered your evidence, built a solid case, and you're convinced that you're in the right... but the game is far from won. Even before the judge examines the merits of your case, a formidable procedural obstacle can wipe out all your efforts: inadmissibility. An application deemed inadmissible is one that is rejected without any debate on the merits of your arguments, or even the slightest consideration of the merits. This sanction, which often takes the form of the famous notion of "fins de non-recevoir", is a major stumbling block that prevents the judge from ruling. Understanding why an action, even a potentially well-founded one, can fail for purely procedural reasons is essential for anyone considering taking a case to court, as it touches on the fundamental right of access to the courts, guaranteed by the European Convention on Human Rights. This article, which has been expanded and expanded upon, highlights the fundamental distinctions...
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