v1_web_europeen_handbook_ru_omc14

ПРИЛОЖЕНИЯ

PROTOCOL TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Paris, 20.III.1952

THE GOVERNMENTS SIGNATORY HERETO, being members of the Council of Europe,

Being resolved to take steps to ensure the collec ve enforcement of certain rights and freedoms other than those already included in Sec on I of the Conven on for the Protec on of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereina er referred to as “the Conven on”),

Have agreed as follows:

ARTICLE 1

Protec on of property

Every natural or legal person is en tled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the condi ons provided for by law and by the general principles of interna onal law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contribu ons or penal es.

ARTICLE 2

Right to educa on

No person shall be denied the right to educa on. In the exercise of any func ons which it assumes in rela on to educa on and to teaching, the State shall respect the right of parents to ensure such educa on and teaching in conformity with their own religious and philosophical convic ons.

ARTICLE 3

Right to free elec ons

The High Contrac ng Par es undertake to hold free elec ons at reasonable intervals by secret ballot, under condi ons which will ensure the free expression of the opinion of the people in the choice of the legislature.

ARTICLE 4

Territorial applica on

Any High Contrac ng Party may at the me of signature or ra fica	on or at any me therea er communicate to
the Secretary General of the Council of Europe a declara on sta	ng the extent to which it undertakes that the

provisions of the present Protocol shall apply to such of the territories for the interna onal rela ons of which it is responsible as are named therein.

Any High Contrac ng Party which has communicated a declara on in virtue of the preceding paragraph may from

me to	me communicate a further declara on modifying the terms of any former declara on or termina ng
the applica		on of the provisions of this Protocol in respect of any territory.
A declara		on made in accordance with this Ar cle shall be deemed to have been made in accordance with
paragraph 1 of Ar cle 56 of the Conven on.
ARTICLE 5
Rela onship to the Conven			on
As between the High Contrac			ng Par	es the provisions of Ar cles 1, 2, 3 and 4 of this Protocol shall be regarded
as addi	onal Ar cles to the Conven			on and all the provisions of the Conven on shall apply accordingly.

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ARTICLE 6

Signature and ra fica on

This Protocol shall be open for signature by the members of the Council of Europe, who are the signatories of the Conven on; it shall be ra fied at the same me as or a er the ra fica on of the Conven on. It shall enter into force a er the deposit of ten instruments of ra fica on. As regards any signatory ra fying subsequently, the Protocol shall enter into force at the date of the deposit of its instrument of ra fica on.

The instruments of ra fica on shall be deposited with the Secretary General of the Council of Europe, who will no fy all members of the names of those who have ra fied.

DONE AT PARIS ON THE 20TH DAY OF MARCH 1952, in English and French, both texts being equally authen c, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit cer fied copies to each of the signatory governments.

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RULES OF COURT

1 July 2014

Registry of the Court

Strasbourg

THE EUROPEAN COURT OF HUMAN RIGHTS,

Having regard to the Conven on for the Protec on of Human Rights and Fundamental Freedoms and the Protocols thereto,

Makes the present Rules:

Rule 11– Defini ons

For the purposes of these Rules unless the context otherwise requires:

1.the term “Conven on” means the Conven on for the Protec on of Human Rights and Fundamental Freedoms and the Protocols thereto;

2. the expression “plenary Court” means the European Court of Human Rights si ng in plenary session;

3.the expression “Grand Chamber” means the Grand Chamber of seventeen judges cons tuted in pursuance of Ar cle 26 § 1 of the Conven on;

4.the term “Sec on” means a Chamber set up by the plenary Court for a fixed period in pursuance of Ar cle 25

(b) of the Conven on and the expression “President of the Sec on” means the judge elected by the plenary

Court in pursuance of Ar cle 25 (c) of the Conven on as President of such a Sec on;

5.the term “Chamber” means any Chamber of seven judges cons tuted in pursuance of Ar cle 26 § 1 of the Conven on and the expression “President of the Chamber” means the judge presiding over such a “Chamber”;

6.the term “Commi ee” means a Commi ee of three judges set up in pursuance of Ar cle 26 § 1 of the

Conven on	and the expression “President of the Commi ee” means the judge presiding over such
a “Commi	ee”;

1 As amended by the Court on 7 July 2003 and 13 November 2006.

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7.the expression “single-judge forma on” means a single judge si ng in accordance with Ar cle 26 § 1 of the Conven on;

8.the term “Court” means either the plenary Court, the Grand Chamber, a Sec on, a Chamber, a Commi ee, a single judge or the panel of five judges referred to in Ar cle 43 § 2 of the Conven on;

9.the expression “ad hoc judge” means any person chosen in pursuance of Ar cle 26 § 4 of the Conven on and in accordance with Rule 29 to sit as a member of the Grand Chamber or as a member of a Chamber;

10.the terms “judge” and “judges” mean the judges elected by the Parliamentary Assembly of the Council of Europe or ad hoc judges;

11.the expression “Judge Rapporteur” means a judge appointed to carry out the tasks provided for in Rules 48 and 49;

12.the term “non-judicial rapporteur” means a member of the Registry charged with assis ng the single-judge forma ons provided for in Ar cle 24 § 2 of the Conven on;

13.the term “delegate” means a judge who has been appointed to a delega on by the Chamber and the expression “head of the delega on” means the delegate appointed by the Chamber to lead its delega on;

14.the term “delega on” means a body composed of delegates, Registry members and any other person appointed by the Chamber to assist the delega on;

15.the term “Registrar” denotes the Registrar of the Court or the Registrar of a Sec on according to the context;

16.the terms “party” and “par es” mean

a.the applicant or respondent Contrac ng Par es;

b.the applicant (the person, non-governmental organisa on or group of individuals) that lodged a comp-

laint under Ar cle 34 of the Conven on; (q) the expression “third party” means any Contrac ng Party or any person concerned or the Council of Europe Commissioner for Human Rights who, as provided for in Ar cle 36 §§ 1, 2 and 3 of the Conven on, has exercised the right to submit wri en comments and take part in a hearing, or has been invited to do so; (r) the terms “hearing” and “hearings” mean oral proceedings held on the admissibility and/or merits of an applica on or in connec on with a request for revision or an advisory opinion, a request for interpreta on by a party or by the Commi ee of Ministers, or a ques on whether there has been a failure to fulfil an obliga on which may be referred to the Court by virtue of Ar cle 46 § 4 of the Conven on; (s) the expression “Commi ee of Ministers” means the Commi ee of Ministers of the Council of Europe; (t) the terms “former Court” and “Commission” mean respec vely the European Court and European Commission of Human Rights set up under former Ar cle 19 of the Conven on.

TITLE I ORGANISATION AND WORKING OF THE COURT

CHAPTER I JUDGES

Rule 22 – Calcula on of term of o ce

1.Where the seat is vacant on the date of the judge’s elec on, or where the elec on takes place less than three months before the seat becomes vacant, the term of o ce shall begin as from the date of taking up o ce which shall be no later than three months a er the date of elec on.

2.Where the judge’s elec on takes place more than three months before the seat becomes vacant, the term of o ce shall begin on the date on which the seat becomes vacant.

3.In accordance with Ar cle 23 § 3 of the Conven on, an elected judge shall hold o ce un l a successor has taken the oath or made the declara on provided for in Rule 3.

2 As amended by the Court on 13 November 2006 and 2 April 2012.

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Rule 3 – Oath or solemn declara on

1. Before taking up o ce, each elected judge shall, at the first si ng of the plenary Court at which the judge is present or, in case of need, before the President of the Court, take the following oath or make the following solemn declara on:

“I swear” – or “I solemnly declare” – “that I will exercise my func ons as a judge honourably, independently and impar ally and that I will keep secret all delibera ons.”

2. This act shall be recorded in minutes.

Rule 43 – Incompa ble ac vi es

1.In accordance with Ar cle 21 § 3 of the Conven on, the judges shall not during their term of o ce engage in any poli cal or administra ve ac vity or any professional ac vity which is incompa ble with their independence or impar ality or with the demands of a fullme o ce. Each judge shall declare to the President of the Court any addi onal ac vity. In the event of a disagreement between the President and the judge concerned, any ques on arising shall be decided by the plenary Court.

2.A former judge shall not represent a party or third party in any capacity in proceedings before the Court relating to an applica on lodged before the date on which he or she ceased to hold o ce. As regards applica ons lodged subsequently, a former judge may not represent a party or third party in any capacity in proceedings before the Court un l a period of two years from the date on which he or she ceased to hold o ce has elapsed.

Rule 54 – Precedence

1.Elected judges shall take precedence a er the President and Vice-Presidents of the Court and the Presidents of the Sec ons, according to the date of their taking up o ce in accordance with Rule 2 §§ 1 and 2.

2.Vice-Presidents of the Court elected to o ce on the same date shall take precedence according to the length

	of me they have served as judges. If the length of me they have served as judges is the same, they shall take
	precedence according to age. The same rule shall apply to Presidents of Sec ons.
3.	Judges who have served the same length of me shall take precedence according to age.
4.	Ad hoc judges shall take precedence a er the elected judges according to age.

Rule 6 – Resigna on

Resigna on of a judge shall be no fied to the President of the Court, who shall transmit it to the Secretary General of the Council of Europe. Subject to the provisions of Rules 24 § 4 in fine and 26 § 3, resigna on shall cons tute vaca on of o ce.

Rule 7 – Dismissal from o ce

No judge may be dismissed from his or her o ce unless the other judges, mee ng in plenary session, decide by a majority of two-thirds of the elected judges in o ce that he or she has ceased to fulfil the required condi ons. He or she must first be heard by the plenary Court. Any judge may set in mo on the procedure for dismissal from o ce.

CHAPTER II5	PRESIDENCY OF THE COURT AND THE ROLE OF THE BUREAU
Rule 86 – Elec	on of the President and Vice-Presidents of the Court and the Presidents

and Vice-Presidents of the Sec ons

1.The plenary Court shall elect its President, two Vice-Presidents and the Presidents of the Sec ons for a period of three years, provided that such period shall not exceed the dura on of their terms of o ce as judges.

2.Each Sec on shall likewise elect for a period of three years a Vice-President, who shall replace the President

of the Sec on if the la er is unable to carry out his or her du es.

3As amended by the Court on 29 March 2010.

4As amended by the Court on 14 May 2007.

5As amended by the Court on 7 July 2003.

6As amended by the Court on 7 November 2005, 20 February 2012, 14 January 2013 and 14 April 2014.

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3.A judge elected in accordance with paragraphs 1 or 2 above may be re-elected but only once to the same level of o ce. This limita on on the number of terms of o ce shall not prevent a judge holding an o ce as described above on the date of the entry into forceof the present amendment to Rule 8 from being re-elected once to the same level of o ce.

4. The Presidents and Vice-Presidents shall con nue to hold o ce un l the elec on of their successors.

5.The elec ons referred to in paragraph 1 of this Rule shall be by secret ballot. Only the elected judges who are present shall take part. If no candidate receives an absolute majority of the votes cast, an addi onal round or

rounds shall take place un l one candidate has achieved an absolute majority. A er each round, any candidate receiving fewer than five votes shall be eliminated; and if more than two candidates have received five votes or more, the one who has received the least number of votes shall also be eliminated. If there is more than one candidate in this posi on, only the candidate who is lowest in the order of precedence in accordance with Rule 5 shall be eliminated. In the event of a e between two candidates in the final round, preference shall be given to the judge having precedence in accordance with Rule 5.

6.The rules set out in the preceding paragraph shall apply to the elec ons referred to in paragraph 2 of this Rule. However, where more than one round of vo ng is required un l one candidate has achieved an absolute majority, only the candidate who has received the least number of votes shall be eliminated a er each round.

Rule 9 – Func ons of the President of the Court

1.The President of the Court shall direct the work and administra on of the Court. The President shall represent the Court and, in par cular, be responsible for its rela ons with the authori es of the Council of Europe.

2.The President shall preside at plenary mee ngs of the Court, mee ngs of the Grand Chamber and mee ngs of the panel of five judges.

3.The President shall not take part in the considera on of cases being heard by Chambers except where he or she is the judge elected in respect of a Contrac ng Party concerned.

Rule 9a – Role of the Bureau

1.a. The Court shall have a Bureau, composed of the President of the Court, the Vice-Presidents of the Court and the Sec on Presidents. Where a Vice-President or a Sec on President is unable to a end a Bureau mee ng, he or she shall be replaced by the Sec on Vice-President or, failing that, by the next most senior member of the Sec on according to the order of precedence established in Rule 5.

d.The Bureau may request the a endance of any other member of the Court or any other person whose presence it considers necessary.

2.The Bureau shall be assisted by the Registrar and the Deputy Registrars.

3.The Bureau’s task shall be to assist the President in carrying out his or her func on in direc ng the work and administra on of the Court. To this end the President may submit to the Bureau any administra ve or extra-ju- dicial ma er which falls within his or her competence.

4.The Bureau shall also facilitate coordina on between the Court’s Sec ons.

5.The President may consult the Bureau before issuing prac ce direc ons under Rule 32 and before approving general instruc ons drawn up by the Registrar under Rule 17 § 4.

6.The Bureau may report on any ma er to the Plenary. It may also make proposals to the Plenary.

7.A record shall be kept of the Bureau’s mee ngs and distributed to the Judges in both the Court’s o cial languages. The secretary to the Bureau shall be designated by the Registrar in agreement with the President.

Rule 10 – Func ons of the Vice-Presidents of the Court

The Vice-Presidents of the Court shall assist the President of the Court. They shall take the place of the President if the la er is unable to carry out his or her du es or the o ce of President is vacant, or at the request of the President. They shall also act as Presidents of Sec ons.

7 Inserted by the Court on 7 July 2003.

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Rule 11 – Replacement of the President and the Vice-Presidents of the Court

If the President and the Vice-Presidents of the Court are at the same me unable to carry out their du es or if their o ces are at the same me vacant, the o ce of President of the Court shall be assumed by a President of a Sec on or, if none is available, by another elected judge, in accordance with the order of precedence provided for in Rule 5.

Rule 128– Presidency of Sec ons and Chambers
The Presidents of the Sec		ons shall preside at the si ngs of the Sec	on and Chambers of which they are members
and shall direct the Sec		ons’ work. The Vice-Presidents of the Sec	ons shall take their place if they are unable
to carry out their du	es or if the o ce of President of the Sec on concerned is vacant, or at the request of the
President of the Sec	on. Failing that, the judges of the Sec on and the Chambers shall take their place, in the
order of precedence provided for in Rule 5.
Rule 139 – Inability to preside
Judges of the Court may not preside in cases in which the Contrac ng Party of which they are na onals or in

respect of which they were elected is a party, or in cases where they sit as a judge appointed by virtue of Rule 29 § 1 (a) or Rule 30 § 1.

Rule 14 – Balanced representa on of the sexes

In rela on to the making of appointments governed by this and the following chapter of the present Rules, the Court shall pursue a policy aimed at securing a balanced representa on of the sexes.

CHAPTER III THE REGISTRY

Rule 1510 – Elec on of the Registrar

1.The plenary Court shall elect its Registrar. The candidates shall be of high moral character and must possess the legal, managerial and linguis c knowledge and experience necessary to carry out the func ons a aching to the post.

2.The Registrar shall be elected for a term of five years and may be re-elected. The Registrar may not be dismissed from o ce, unless the judges, mee ng in plenary session, decide by a majority of two-thirds of the elected judges in o ce that the person concerned has ceased to fulfil the required condi ons. He or she must first be heard by the plenary Court. Any judge may set in mo on the procedure for dismissal from o ce.

3.The elec ons referred to in this Rule shall be by secret ballot; only the elected judges who are present shall take part. If no candidate receives an absolute majority of the votes cast, an addi onal round or rounds of vo ng shall take place un l one candidate has achieved an absolute majority. A er each round, any candidate

receiving fewer than five votes shall be eliminated; and if more than two candidates have received five votes or more, the one who has received the least number of votes shall also be eliminated. In the event of a e in an addi onal round of vo ng, preference shall be given, firstly, to the female candidate, if any, and, secondly, to the older candidate.

4.Before taking up o ce, the Registrar shall take the following oath or make the following solemn declara on before the plenary Court or, if need be, before the President of the Court:

“I swear” – or “I solemnly declare” – “that I will exercise loyally, discreetly and conscien ously the func ons conferred upon me as Registrar of the European Court of Human Rights.”

This act shall be recorded in minutes.

8As amended by the Court on 17 June and 8 July 2002.

9As amended by the Court on 4 July 2005.

10As amended by the Court on 14 April 2014.

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Rule 1611 – Elec on of the Deputy Registrars

1.The plenary Court shall also elect one or more Deputy Registrars on the condi ons and in the manner and for the term prescribed in the preceding Rule. The procedure for dismissal from o ce provided for in respect of the Registrar shall likewise apply. The Court shall first consult the Registrar in both these ma ers.

2.Before taking up o ce, a Deputy Registrar shall take an oath or make a solemn declara on before the plenary Court or, if need be, before the President of the Court, in terms similar to those prescribed in respect of the Registrar. This act shall be recorded in minutes.

Rule 17 – Func ons of the Registrar

1.The Registrar shall assist the Court in the performance of its func ons and shall be responsible for the organisa on and ac vi es of the Registry under the authority of the President of the Court.

2.The Registrar shall have the custody of the archives of the Court and shall be the channel for all communica ons and no fica ons made by, or addressed to, the Court in connec on with the cases brought or to be brought before it.

3.The Registrar shall, subject to the duty of discre on a aching to this o ce, reply to requests for informa on concerning the work of the Court, in par cular to enquiries from the press.

4.General instruc ons drawn up by the Registrar, and approved by the President of the Court, shall regulate the working of the Registry.

Rule 1812 – Organisa on of the Registry

1.The Registry shall consist of Sec on Registries equal to the number of Sec ons set up by the Court and of the departments necessary to provide the legal and administra ve services required by the Court.

2.The Sec on Registrar shall assist the Sec on in the performance of its func ons and may be assisted by a Deputy Sec on Registrar.

3.The o cials of the Registry shall be appointed by the Registrar under the authority of the President of the Court. The appointment of the Registrar and Deputy Registrars shall be governed by Rules 15 and 16 above.

Rule 18a13– Non-judicial rapporteurs

1. When si ng in a single-judge forma on, the Court shall be assisted by non-judicial rapporteurs who shall func on under the authority of the President of the Court. They shall form part of the Court’s Registry.

2.The non-judicial rapporteurs shall be appointed by the President of the Court on a proposal by the Registrar. Sec on Registrars and Deputy Sec on Registrars, as referred to in Rule 18 § 2, shall act ex o cio as non-judicial rapporteurs.

Rule 18b14 – Jurisconsult

For the purposes of ensuring the quality and consistency of its case-law, the Court shall be assisted by a Jurisconsult. He or she shall be a member of the Registry. The Jurisconsult shall provide opinions and informa on, in par cular to the judicial forma ons and the members of the Court.

CHAPTER IV THE WORKING OF THE COURT

RULE 19 SEAT OF THE COURT

1.The seat of the Court shall be at the seat of the Council of Europe at Strasbourg. The Court may, however, if it considers it expedient, perform its func ons elsewhere in the territories of the member States of the Council of Europe.

2.The Court may decide, at any stage of the examina on of an applica on, that it is necessary that an inves gaon or any other func on be carried out elsewhere by it or one or more of its members.

11As amended by the Court on 14 April 2014.

12As amended by the Court on 13 November 2006 and 2 April 2012.

13Inserted by the Court on 13 November 2006 and amended on 14 January 2013.

14Inserted by the Court on 23 June 2014.

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Rule 20 – Sessions of the plenary Court

1.The plenary sessions of the Court shall be convened by the President of the Court whenever the performance of its func ons under the Conven on and under these Rules so requires. The President of the Court shall convene a plenary session if at least one-third of the members of the Court so request, and in any event once a year to consider administra ve ma ers.

2.The quorum of the plenary Court shall be two-thirds of the elected judges in o ce. 3. If there is no quorum,

the President shall adjourn the si ng.

Rule 21 – Other sessions of the Court

1. The Grand Chamber, the Chambers and the Commi ees shall sit full me. On a proposal by the President, however, the Court shall fix session periods each year.

2.Outside those periods the Grand Chamber and the Chambers shall be convened by their Presidents in cases of urgency.

Rule 22 – Delibera ons

1.The Court shall deliberate in private. Its delibera ons shall remain secret.

2.Only the judges shall take part in the delibera ons. The Registrar or the designated subs tute, as well as such other o cials of the Registry and interpreters whose assistance is deemed necessary, shall be present. No other person may be admi ed except by special decision of the Court.

3.Before a vote is taken on any ma er in the Court, the President may request the judges to state their opinions on it.

Rule 23 – Votes

1.	The decisions of the Court shall be taken by a majority of the judges present. In the event of a e, a fresh vote
	shall be taken and, if there is s ll a e, the President shall have a cas ng vote. This paragraph shall apply unless
	otherwise provided for in these Rules.
2.	The decisions and judgments of the Grand Chamber and the Chambers shall be adopted by a majority of the
	si ng judges. Absten ons shall not be allowed in final votes on the admissibility and merits of cases.

3.As a general rule, votes shall be taken by a show of hands. The President may take a roll-call vote, in reverse order of precedence.

4.Any ma er that is to be voted upon shall be formulated in precise terms.

Rule 23a15 – Decision by tacit agreement

Where it is necessary for the Court to decide a point of procedure or any other ques on other than at a scheduled mee ng of the Court, the President may direct that a dra decision be circulated among the judges and that a deadline be set for their comments on the dra . In the absence of any objec on from a judge, the proposal shall be deemed to have been adopted at the expiry of the deadline.

CHAPTER V THE COMPOSITION OF THE COURT

Rule 2416 – Composi on of the Grand Chamber

1.The Grand Chamber shall be composed of seventeen judges and at least three subs tute judges.

2.a. The Grand Chamber shall include the President and the Vice-Presidents of the Court and the Presidents of the Sec ons. Any Vice-President of the Court or President of a Sec on who is unable to sit as a member of the Grand Chamber shall be replaced by the Vice-President of the relevant Sec on.

b.The judge elected in respect of the Contrac ng Party concerned or, where appropriate, the judge designated by virtue of Rule 29 or Rule 30 shall sit as an ex o cio member of the Grand Chamber in accordance with Ar cle 26 §§ 4 and 5 of the Conven on.

15Inserted by the Court on 13 December 2004.

16As amended by the Court on 8 December 2000, 13 December 2004, 4 July and 7 November 2005, 29 May and 13 November 2006 and 6 May 2013.

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c.In cases referred to the Grand Chamber under Ar cle 30 of the Conven on, the Grand Chamber shall also include the members of the Chamber which relinquished jurisdic on.

d.In cases referred to it under Ar cle 43 of the Conven on, the Grand Chamber shall not include any judge who sat in the Chamber which rendered the judgment in the case so referred, with the excep on 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 applica on.

e.The judges and subs tute 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 modali es for the drawing of lots shall be laid down by the Plenary Court, having due regard to the need for a geographically balanced composi on reflec ng the di erent

legal systems among the Contrac ng Par es.

f.In examining a request for an advisory opinion under Ar cle 47 of the Conven on, the Grand Chamber shall be cons tuted in accordance with the provisions of paragraph 2 (a) and (e) of this Rule.

g.In examining a request under Ar cle 46 § 4 of the Conven on, the Grand Chamber shall include, in addi on to the judges referred to in paragraph 2 (a) and (b) of this Rule, the members of the Chamber or Commi ee which rendered the judgment in the case concerned. If the judgment was rendered by a Grand Chamber, the Grand Chamber shall be cons tuted as the original Grand Chamber. In all cases, including those where it is not possible to recons tute the original Grand Chamber, the judges and subs-

tute 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 si ng, they shall be replaced by the subs tute judges in the order in which the la er were selected under paragraph 2 (e) of this Rule.

4.The judges and subs tute judges designated in accordance with the above provisions shall con nue to sit in the Grand Chamber for the considera on of the case un l the proceedings have been completed. Even a er the end of their terms of o ce, they shall con nue to deal with the case if they have par cipated in the considera on of the merits. These provisions shall also apply to proceedings rela ng to advisory opinions.

5.a. The panel of five judges of the Grand Chamber called upon to consider a request submi ed under Ar cle 43 of the Conven on shall be composed of

the President of the Court. If the President of the Court is prevented from si	ng, he or she shall be
replaced by the Vice-President of the Court taking precedence;
two Presidents of Sec ons designated by rota on. If the Presidents of the Sec	ons so designated are
prevented from si ng, they shall be replaced by the Vice-Presidents of their Sec	ons;

two judges designated by rota on from among the judges elected by the remaining Sec ons to sit on the panel for a period of six months;

at least two subs tute judges designated in rota on from among the judges elected by the Sec ons 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 considera on of the admissibility or merits of the case in ques on.

c.No judge elected in respect of, or who is a na onal of, a Contrac ng Party concerned by a referral request may be a member of the panel when it examines that request. An elected judge appointed pursuant to Rules 29 or 30 shall likewise be excluded from considera on of any such request.

d.Any member of the panel unable to sit, for the reasons set out in (b) or (c) shall be replaced by a substute judge designated in rota on from among the judges elected by the Sec ons to serve on the panel

for a period of six months.

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