Einde inhoudsopgave
European Court of Human Rights, Rules of Court, Registry of the Court, Strasbourg
Rule 24 Composition of the Grand Chamber
Geldend
Geldend vanaf 01-07-2014
- Bronpublicatie:
23-06-2014, Internet 2014, www.echr.coe.int (uitgifte: 01-07-2014, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-07-2014
- Bronpublicatie inwerkingtreding:
23-06-2014, Internet 2014, www.echr.coe.int (uitgifte: 01-07-2014, kamerstukken/regelingnummer: -)
- Vakgebied(en)
EU-recht / Instituties
1.
The Grand Chamber shall be composed of seventeen judges and at least three substitute judges.
2
- (a)
The Grand Chamber shall include the President and the Vice-Presidents of the Court and the Presidents of the Sections. Any Vice-President of the Court or President of a Section who is unable to sit as a member of the Grand Chamber shall be replaced by the Vice-President of the relevant Section.
- (b)
The judge elected in respect of the Contracting Party concerned or, where appropriate, the judge designated by virtue of Rule 29 or Rule 30 shall sit as an ex officio member of the Grand Chamber in accordance with Article 26 §§ 4 and 5 of the Convention.
- (c)
In cases referred to the Grand Chamber under Article 30 of the Convention, the Grand Chamber shall also include the members of the Chamber which relinquished jurisdiction.
- (d)
In cases referred to it under Article 43 of the Convention, the Grand Chamber shall not include any judge who sat in the Chamber which rendered the judgment in the case so referred, with the exception of the President of that Chamber and the judge who sat in respect of the State Party concerned, or any judge who sat in the Chamber or Chambers which ruled on the admissibility of the application.
- (e)
The judges and substitute judges who are to complete the Grand Chamber in each case referred to it shall be designated from among the remaining judges by a drawing of lots by the President of the Court in the presence of the Registrar. The modalities for the drawing of lots shall be laid down by the Plenary Court, having due regard to the need for a geographically balanced composition reflecting the different legal systems among the Contracting Parties.
- (f)
In examining a request for an advisory opinion under Article 47 of the Convention, the Grand Chamber shall be constituted in accordance with the provisions of paragraph 2 (a) and (e) of this Rule.
- (g)
In examining a request under Article 46 § 4 of the Convention, the Grand Chamber shall include, in addition to the judges referred to in paragraph 2 (a) and (b) of this Rule, the members of the Chamber or Committee which rendered the judgment in the case concerned. If the judgment was rendered by a Grand Chamber, the Grand Chamber shall be constituted as the original Grand Chamber. In all cases, including those where it is not possible to reconstitute the original Grand Chamber, the judges and substitute judges who are to complete the Grand Chamber shall be designated in accordance with paragraph 2 (e) of this Rule.
3.
If any judges are prevented from sitting, they shall be replaced by the substitute judges in the order in which the latter were selected under paragraph 2 (e) of this Rule.
4.
The judges and substitute judges designated in accordance with the above provisions shall continue to sit in the Grand Chamber for the consideration of the case until the proceedings have been completed. Even after the end of their terms of office, they shall continue to deal with the case if they have participated in the consideration of the merits. These provisions shall also apply to proceedings relating to advisory opinions.
5
- (a)
The panel of five judges of the Grand Chamber called upon to consider a request submitted under Article 43 of the Convention shall be composed of
- ■
the President of the Court. If the President of the Court is prevented from sitting, he or she shall be replaced by the Vice-President of the Court taking precedence;
- ■
two Presidents of Sections designated by rotation. If the Presidents of the Sections so designated are prevented from sitting, they shall be replaced by the Vice-Presidents of their Sections;
- ■
two judges designated by rotation from among the judges elected by the remaining Sections to sit on the panel for a period of six months;
- ■
at least two substitute judges designated in rotation from among the judges elected by the Sections to serve on the panel for a period of six months.
- (b)
When considering a referral request, the panel shall not include any judge who took part in the consideration of the admissibility or merits of the case in question.
- (c)
- (d)
Any member of the panel unable to sit, for the reasons set out in (b) or (c) shall be replaced by a substitute judge designated in rotation from among the judges elected by the Sections to serve on the panel for a period of six months.