This article is devoted to the application of law in the legal order of the Council of Europe. It presents guidelines for the decision-making process of the application of law applied in the legal area of the European Convention on Human Rights and the European Social Charter. The aim of this article is to present the characteristics of the decision-making process of the application of law in terms of human rights protection on European and supranational level, as well as the differences between such processes carried out on the basis of the ECHR and the ESC.