Applications can be introduced against the 46 Member States of the Council of Europe which are High Contracting Parties to the Convention. They are represented by their respondent Governments. The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by at least one of the respondent Governments of the rights set forth in the Convention or the Protocols thereto (Article 34 of the Convention). Those 46 High Contracting Parties undertake not to hinder in any way the effective exercise of this right (Article 34) and to to abide by the final judgment of the Court in any case to which they are parties (Article 46 § 1).

If the Committee of Ministers of the Council of Europe considers that a High Contracting Party refuses to abide by a final judgment in a case in which it is a party, it may refer to the Court the question whether that Party has failed to fulfil its obligations (Article 46 § 4).

Following the expulsion of the Russian Federation from the Council of Europe and its ceasing to be a High Contracting Party to the Convention, the Court has clarified that, pursuant to Article 58 of the Convention, it retains jurisdiction to deal with applications against Russia concerning actions and omissions that could amount to a violation of the Convention until the date on which Russia legally ceased to be a party to the Convention, that is, 16 September 2022. This residual jurisdiction ensures that a State cannot unilaterally and retroactively ignore its obligations under international law.