Extraordinary Remedies and Constitutional Complaint in Serbian Civil Procedure as an admissibility condition for ECtHr applications

This article examines the European Court of Human Rights’ (ECtHR) approach to the exhaustion of extraordinary legal remedies and constitutional complaints in civil cases against Serbia. It explores when an applicant, alleging a human rights violation based on facts considered in civil proceedings, must exhaust such remedies to satisfy admissibility requirements. While it is generally accepted that an ordinary appeal must be used, the obligation to pursue extraordinary legal remedies – such as requests for revision or reopening of proceedings – and the constitutional complaint is less clear. The article highlights that the necessity of exhausting these remedies depends on the specific circumstances of each case and whether the remedy is considered effective. Through an analysis of ECtHR case law, the authors seek to clarify the conditions under which the Court expects applicants to exhaust these legal avenues before filing an application, aiming to identify consistent patterns in the Court’s admissibility decisions.