LexInter | September 15, 2019 | 0 Comments


Title II – European Court of Human Rights 

Article 19 – Establishment of the Court In order to ensure compliance with the commitments resulting for the High Contracting Parties from this Convention and its protocols, a European Court of Human Rights is hereby established. Man, hereinafter referred to as “the Court”. It works permanently.

Article 20 – Number of judges The Court is composed of a number of judges equal to that of the High Contracting Parties.

Article 21 – Conditions of exercise of the functions 1. The judges must enjoy the highest moral consideration and meet the conditions required for the exercise of high judicial functions or be jurisconsults having a notorious competence. 2.
Judges sit on the Court in their individual capacity.
3. During their term of office, judges may not exercise any activity incompatible with the requirements of independence, impartiality or availability required by a full-time activity; any question raised under this paragraph shall be decided by the Court.

Article 22 – Election of judges
1. The judges shall be elected by the Parliamentary Assembly in respect of each High Contracting Party, by a majority of the votes cast, from a list of three candidates presented by the High Contracting Party.
2. The same procedure is followed to complete the Court in the event of the accession of new High Contracting Parties and to fill seats which have become vacant.

Article 23 – Term of office
1. Judges are elected for a term of six years. They are eligible for re-election. However, the terms of half of the judges appointed in the first election will end after three years.
2. The judges whose mandate will end at the end of the initial period of three years shall be chosen by drawing lots carried out by the Secretary General of the Council of Europe, immediately after their election.
3.In order to ensure, as far as possible, the renewal of the terms of office of half of the judges every three years, the Parliamentary Assembly may, before proceeding to any subsequent election, decide that one or more terms of office of the judges to be elected. to elect will have a term other than that of six years, without however exceeding nine years or being less than three years.
4. In the event that it is necessary to confer several mandates and where the Parliamentary Assembly applies the preceding paragraph, the distribution of mandates shall be effected by drawing lots by the Secretary General of the Council of Europe immediately. after the election.
5. The judge elected to replace a judge whose mandate does not is not expired completes the term of its predecessor.
6.The term of office of judges ends when they reach the age of 70.
7. Judges remain in office until they are replaced. However, they continue to hear cases that are already before them.

Article 24 – Dismissal A judge may only be removed from office if the other judges decide, by a two-thirds majority, that he has ceased to meet the required conditions.

Article 25 – Registry and legal officers The Court has a registry, the tasks and organization of which are determined by the rules of the Court. She is assisted by referendaries.

Article 26 – Plenary Assembly of the Court The Court, meeting in Plenary Assembly:
at. elects its president and one or two vice-presidents for a period of three years; they are eligible for re-election;
b. establish Chambers for a fixed period;
vs. elect the Presidents of the Chambers of the Court, who are eligible for re-election;
d. adopt the rules of the Court, and
e. elect the Registrar and one or more Deputy Registrars.

Article 27 – Committees, Chambers and Grand Chamber 1. For the examination of cases brought before it, the Court shall sit in committees of three judges, in Chambers of seven judges and in a Grand Chamber of seventeen judges. The Chambers of the Court constitute the committees for a fixed period. 2.
The judge elected in respect of a State Party to the dispute is an ex officio member of the Chamber and of the Grand Chamber; in the absence of such a judge, or when he is unable to sit, that State Party shall appoint a person to sit as a judge.
3. Also part of the Grand Chamber are the President of the Court, the Vice-Presidents, the Presidents of the Chambers and other judges appointed in accordance with the Rules of the Court. When the case is referred to the Grand Chamber under Article 43, no judge of the Chamber who delivered the judgment may sit there, except the President of the Chamber and the judge who sat under of the State Party concerned.

Article 28 – Declarations of inadmissibility by the committees
A committee may, by unanimous vote, declare inadmissible or strike out from the list an individual application brought under Article 34 where such a decision can be taken without further examination. The decision is final.

Article 29 – Decisions of Chambers on admissibility and merits 1. If no decision has been taken under Article 28, a Chamber shall rule on the admissibility and merits of individual requests made under Article 34. 2. A Chamber decides on the admissibility and the merits of State requests brought under Article 33. 3. Unless the Court decides otherwise in exceptional cases, the decision on admissibility is taken separately.

Article 30 – Relinquishment in favor of the Grand Chamber
If the case pending before a Chamber raises a serious question relating to the interpretation of the Convention or its protocols, or if the solution of a question may lead to a contradiction with a judgment delivered previously by the Court, the Chamber may, as long as it has not delivered its judgment, relinquish jurisdiction in favor of the Grand Chamber, unless one of the parties objects.

Article 31 – Powers of the Grand Chamber The Grand Chamber: a. rule on petitions brought under Rule 33 or Rule 34 when the case has been referred to it by the Chamber under Rule 30 or when the case has been referred to it under Article 43; and
b. examine requests for advisory opinions made under Article 47.

Article 32 – Jurisdiction of the Court 1. The jurisdiction of the Court extends to all questions concerning the interpretation and application of the Convention and of its protocols which will be submitted to it under the conditions provided for in Articles 33, 34 and 47. 2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.

Article 33 – Inter-State affairs Any High Contracting Party may refer to the Court any breach of the provisions of the Convention and its protocols which it believes can be attributed to another High Contracting Party.

Article 34 – Individual requests
Table of Declarations relating to former Articles 25 and 46 of the ECHR
The Court may be seized of an application by any natural person, any non-governmental organization or any group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights recognized in the Convention or its protocols. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.

Article 35 – Conditions of admissibility 1. The Court may not be brought before the exhaustion of local remedies, as understood under generally recognized principles of international law, and within six months from of the date of the final internal decision. 2.
The Court shall not accept any individual application lodged in application of Article 34, when:
a. it is anonymous; or
b. it is essentially the same as an application previously considered by the Court or already submitted to another international body of investigation or settlement, and if it does not contain new facts.
3. The Court shall declare inadmissible any individual application lodged in application of Article 34, when it considers the application incompatible with the provisions of the Convention or its protocols, manifestly ill-founded or abusive.
4. The Court shall dismiss any application which it considers inadmissible by application of this article. It can do so at any stage of the procedure.

Article 36 – Third party intervention
1. In any case before a Chamber or the Grand Chamber, a High Contracting Party of which a national is an applicant shall have the right to submit written observations and to take part in hearings.
2. In the interest of the sound administration of justice, the President of the Court may invite any High Contracting Party which is not a party to the proceedings or any interested person other than the applicant to submit written observations or to take part in the hearings.

Article 37 – Removal from the register 1. At any time during the proceedings, the Court may decide to strike an application from the list when the circumstances allow it to be concluded: a. that the applicant no longer intends to maintain it; or
b. that the dispute has been resolved; or
c. that, for any other reason which the Court finds to exist, it is no longer justified to continue examining the application.
However, the Court continues to examine the application if respect for the human rights guaranteed by the Convention and its protocols so requires.
2. The Court may decide to restore an application to its it considers that circumstances the e justified.

Article 38 – Examination of the case and friendly settlement procedure 1. If the Court declares an application admissible, it:
at. continue the adversarial examination of the case with the representatives of the parties and, if necessary, carry out an investigation for the efficient conduct of which the States concerned will provide all necessary facilities;
b. places itself at the disposal of the interested parties with a view to reaching an amicable settlement of the case based on respect for human rights as recognized by the Convention and its protocols.
2. The procedure described in paragraph 1.b is confidential.

Article 39 – Conclusion of an amicable settlement
In the event of an amicable settlement, the Court removes the case from the list by a decision which is limited to a brief statement of the facts and of the solution adopted.

Article 40 – Public hearing and access to documents 1.
The hearing is public unless the Court decides otherwise due to exceptional circumstances.
2. Documents filed with the Registry shall be accessible to the public unless the President of the Court decides otherwise.

Article 41 – Just satisfaction If the Court declares that there has been a violation of the Convention or of its protocols, and if the internal law of the High Contracting Party permits only imperfect erasure of the consequences of such violation, the Court grant the injured party, where appropriate, just satisfaction.

Article 42 – Judgments of the Chambers Judgments of the Chambers become final in accordance with the provisions of Article 44, paragraph 2.
Within three months of the date of a Chamber’s judgment, any party to the case may, in exceptional cases, request that the case be referred to the Grand Chamber.
2. A panel of five judges of the Grand Chamber shall accept the request if the case raises a serious question relating to the interpretation or application of the Convention or its protocols, or a serious question of a general nature.
3. If the college accepts the request, the Grand Chamber decides on the case by means of a judgment.

Article 44 – Final judgments 1. The judgment of the Grand Chamber is final. 2. The judgment of a Chamber becomes final:
at. when the parties declare that they will not request that the case be referred to the Grand Chamber; or
b. three months after the date of the judgment, if referral of the case to the Grand Chamber has not been requested; or
c. when the college of the Grand Chamber rejects the request for referral made under Article 43.
3. The final judgment is published.

Article 45 – Statement of reasons for judgments and decisions 1. Judgments, as well as decisions declaring applications admissible or inadmissible, shall give the reasons on which they are based. 2. If the judgment does not express in whole or in part the unanimous opinion of the judges, any judge has the right to attach thereto the statement of his separate opinion.
1. The High Contracting Parties undertake to comply with the final judgments of the Court in disputes to which they are parties.
2. The final judgment of the Court shall be transmitted to the Committee of Ministers which supervises its execution.

Article 47 – Advisory opinions 1. The Court may, at the request of the Committee of Ministers, give advisory opinions on legal questions concerning the interpretation of the Convention and its protocols. 2.
These opinions may not relate either to questions relating to the content or to the extent of the rights and freedoms defined in Title I of the Convention and in the protocols or to other questions which the Court or the Committee of Ministers may have to know. following the introduction of a remedy provided for in the Convention.
3. The decision of the Committee of Ministers to request an opinion from the Court shall be taken by a majority vote of the representatives entitled to sit on the Committee.

Article 48 – Advisory competence of the Court The Court shall decide whether the request for an advisory opinion submitted by the Committee of Ministers falls within its competence as defined by Article 47.

Article 49 – Statement of reasons for advisory opinions 1.
The Court’s opinion is reasoned.
2. If the opinion does not express all or part of the unanimous opinion of the judges, any judge has the right to attach to it the statement of his separate opinion.
3. The opinion of the Court shall be transmitted to the Committee of Ministers.

Article 50 – Running costs of the Court The running costs of the Court shall be borne by the Council of Europe.

Article 51 – Privileges and immunities of judges During the exercise of their functions, judges enjoy the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements concluded under this article.

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