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Rule 50 – Grand Chamber proceedings

Where a case has been submi ed to the Grand Chamber either under Ar cle 30 or under Ar cle 43 of the Conven on, the President of the Grand Chamber shall designate as Judge Rapporteur(s) one or, in the case of an inter-State applica on, one or more of its members.

CHAPTER IV PROCEEDINGS ON ADMISSIBILITY

Inter-State applica ons Rule 5140 – Assignment of applica ons and subsequent procedure

1.When an applica on is made under Ar cle 33 of the Conven on, the President of the Court shall immediately give no ce of the applica on to the respondent Contrac ng Party and shall assign the applica on to one of the Sec ons.

2.In accordance with Rule 26 § 1 (a), the judges elected in respect of the applicant and respondent Contrac ng

Par es shall sit as ex o cio members of the Chamber cons tuted to consider the case. Rule 30 shall apply if the applica on has been brought by several Contrac ng Par es or if applica ons with the same object brought by several Contrac ng Par es are being examined jointly under Rule 42.

3.On assignment of the case to a Sec on, the President of the Sec on shall cons tute the Chamber in accordance with Rule 26 § 1 and shall invite the respondent Contrac ng Party to submit its observa ons in wri ng on the admissibility of the applica on. The observa ons so obtained shall be communicated by the Registrar

to the applicant Contrac ng Party, which may submit wri en observa ons in reply.

4. Before the ruling on the admissibility of the applica on is given, the Chamber or its President may decide to invite the Par es to submit further observa ons in wri ng.

5. A hearing on the admissibility shall be held if one or more of the Contrac ng Par es concerned so requests or if the Chamber so decides of its own mo on.

6.Before fixing the wri en and, where appropriate, oral procedure, the President of the Chamber shall consult the Par es.

Individual applica ons Rule 5241 – Assignment of applica ons to the Sec ons

1.Any applica on made under Ar cle 34 of the Conven on shall be assigned to a Sec on by the President of the Court, who in so doing shall endeavour to ensure a fair distribu on of cases between the Sec ons.

2.The Chamber of seven judges provided for in Ar cle 26 § 1 of the Conven on shall be cons tuted by the President of the Sec on concerned in accordance with Rule 26 § 1.

3.Pending the cons tu on of a Chamber in accordance with paragraph 2 of this Rule, the President of the Secon shall exercise any powers conferred on the President of the Chamber by these Rules.

Rule 52a42 – Procedure before a single judge

1.In accordance with Ar cle 27 of the Conven on, a single judge may declare inadmissible or strike out of the Court’s list of cases an applica on submi ed under Ar cle 34, where such a decision can be taken without further examina on. The decision shall be final. The applicant shall be informed of the decision by le er.

2.In accordance with Ar cle 26 § 3 of the Conven on, a single judge may not examine any applica on against the Contrac ng Party in respect of which that judge has been elected.

3.If the single judge does not take a decision of the kind provided for in the first paragraph of the present Rule, that judge shall forward the applica on to a Commi ee or to a Chamber for further examina on.

Rule 5343 – Procedure before a Commi ee

1.In accordance with Ar cle 28 § 1 (a) of the Conven on, the Commi ee may, by a unanimous vote and at any stage of the proceedings, declare an applica on inadmissible or strike it out of the Court’s list of cases where such a decision can be taken without further examina on.

40As amended by the Court on 17 June and 8 July 2002.

41As amended by the Court on 17 June and 8 July 2002.

42Inserted by the Court on 13 November 2006.

43As amended by the Court on 17 June and 8 July 2002, 4 July 2005, 14 May 2007 and 16 January 2012.

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2.If the Commi ee is sa sfied, in the light of the par es’ observa ons received pursuant to Rule 54 § 2 (b), that the case falls to be examined in accordance with the procedure under Ar cle 28 § 1 (b) of the Conven on, it shall, by a unanimous vote, adopt a judgment including its decision on admissibility and, as appropriate, on just sa sfac on.

3.If the judge elected in respect of the Contrac ng Party concerned is not a member of the Commi ee, the

Commi ee may at any stage of the proceedings before it, by a unanimous vote, invite that judge to take the place of one of its members, having regard to all relevant factors, including whether that Party has contested the applica on of the procedure under Ar cle 28 § 1 (b) of the Conven on.

4.Decisions and judgments under Ar cle 28 § 1 of the Conven on shall be final.

5.The applicant, as well as the Contrac ng Par es concerned where these have previously been involved in the

applica on in accordance with the present Rules, shall be informed of the decision of the Commi ee pursuant to Ar cle 28 § 1 (a) of the Conven on by le er, unless the Commi ee decides otherwise.

6.If no decision or judgment is adopted by the Commi ee, the applica on shall be forwarded to the Chamber cons tuted under Rule 52 § 2 to examine the case.

7.The provisions of Rule 42 § 1 and Rules 79 to 81 shall apply, muta s mutandis, to proceedings before a Commi ee.

Rule 5444 – Procedure before a Chamber

1.The Chamber may at once declare the applica on inadmissible or strike it out of the Court’s list of cases. The decision of the Chamber may relate to all or part of the applica on.

2.Alterna vely, the Chamber or the President of the Sec on may decide to

a.request the par es to submit any factual informa on, documents or other material considered by the Chamber or its President to be relevant;

b.give no ce of the applica on or part of the applica on to the respondent Contrac ng Party and invite that Party to submit wri en observa ons thereon and, upon receipt thereof, invite the applicant to submit observa ons in reply;

c. invite the par es to submit further observa ons in wri ng.

3. In the exercise of the competences under paragraph 2 (b) of this Rule, the President of the Sec on, ac ng as a single judge, may at once declare part of the applica on inadmissible or strike part of the applica on out of the Court’s list of cases. The decision shall be final. The applicant shall be informed of the decision by le er.

4.Paragraphs 2 and 3 of this Rule shall also apply to Vice-Presidents of Sec ons appointed as duty judges in accordance with Rule 39 § 4 to decide on requests for interim measures.

5.Before taking a decision on admissibility, the Chamber may decide, either at the request of a party or of its own mo on, to hold a hearing if it considers that the discharge of its func ons under the Conven on so requires. In that event, unless the Chamber shall excep onally decide otherwise, the par es shall also be invited to address the issues arising in rela on to the merits of the applica on.

Rule 54a45 – Joint examina on of admissibility and merits

1. When giving no ce of the applica on to the respondent Contrac ng Party pursuant to Rule 54 § 2 (b), the Chamber may also decide to examine the admissibility and merits at the same me in accordance with Ar cle 29 § 1 of the Conven on. The par es shall be invited to include in their observa ons any submissions con-

cerning just sa sfac	on and any proposals for a friendly se lement. The condi ons laid down in Rules 60 and
62 shall apply, muta	s mutandis. The Court may, however, decide at any stage, if necessary, to take a separate

decision on admissibility.

2.If no friendly se lement or other solu on is reached and the Chamber is sa sfied, in the light of the par es’ arguments, that the case is admissible and ready for a determina on on the merits, it shall immediately adopt a judgment including the Chamber’s decision on admissibility, save in cases where it decides to take such a decision separately.

44As amended by the Court on 17 June and 8 July 2002 and 14 January 2013.

45Inserted by the Court on 17 June and 8 July 2002 and amended on 13 December 2004 and 13 November 2006.

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Inter-State and individual applica ons Rule 55 – Pleas of inadmissibility

Any plea of inadmissibility must, in so far as its character and the circumstances permit, be raised by the respondent Contrac ng Party in its wri en or oral observa ons on the admissibility of the applica on submi ed as provided in Rule 51 or 54, as the case may be.

Rule 5646 – Decision of a Chamber

1.The decision of the Chamber shall state whether it was taken unanimously or by a majority and shall be accompanied or followed by reasons.

2.The decision of the Chamber shall be communicated by the Registrar to the applicant. It shall also be communicated to the Contrac ng Party or Par es concerned and to any third party, including the Council of Europe Commissioner for Human Rights, where these have previously been informed of the applica on in accordance

with the present Rules. If a friendly se	lement is e ected, the decision to strike an applica on out of the list of
cases shall be forwarded to the Commi	ee of Ministers in accordance with Rule 43 § 3.

3.Inserted by the Court on 17 June and 8 July 2002 and amended on 13 December 2004 and 13 November 2006. 2. As amended by the Court on 17 June and 8 July 2002 and 13 November 2006.

Rule 5747 – Language of the decision

1.Unless the Court decides that a decision shall be given in both o cial languages, all decisions of Chambers shall be given either in English or in French.

2.Publica on of such decisions in the o cial reports of the Court, as provided for in Rule 78, shall be in both o cial languages of the Court.

Chapter V – Proceedings a er the Admission of an Applica on

Rule 5848 – Inter-State applica ons

1. Once the Chamber has decided to admit an applica on made under Ar cle 33 of the Conven on, the President of the Chamber shall, a er consul ng the Contrac ng Par es concerned, lay down the me-limits for the filing of wri en observa ons on the merits and for the produc on of any further evidence. The President may however, with the agreement of the Contrac ng Par es concerned, direct that a wri en procedure is to be dispensed with.

2.A hearing on the merits shall be held if one or more of the Contrac ng Par es concerned so requests or if the Chamber so decides of its own mo on. The President of the Chamber shall fix the oral procedure.

Rule 5949 – Individual applica ons

1. Once an applica on made under Ar cle 34 of the Conven on has been declared admissible, the Chamber or its President may invite the par es to submit further evidence and wri en observa ons.

2. Unless decided otherwise, the par es shall be allowed the same me for submission of their observa ons.

3.The Chamber may decide, either at the request of a party or of its own mo on, to hold a hearing on the merits if it considers that the discharge of its func ons under the Conven on so requires.

4.The President of the Chamber shall, where appropriate, fix the wri en and oral procedure.

Rule 6050 – Claims for just sa sfac on

1.An applicant who wishes to obtain an award of just sa sfac on under Ar cle 41 of the Conven on in the event of the Court finding a viola on of his or her Conven on rights must make a specific claim to that e ect.

2.The applicant must submit itemised par culars of all claims, together with any relevant suppor ng docu-

ments, within the me-limit fixed for the submission of the applicant’s observa ons on the merits unless the

46As amended by the Court on 17 June and 8 July 2002 and 13 November 2006.

47As amended by the Court on 17 June and 8 July 2002.

48As amended by the Court on 17 June and 8 July 2002.

49As amended by the Court on 17 June and 8 July 2002.

50As amended by the Court on 13 December 2004.

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President of the Chamber directs otherwise.

3.If the applicant fails to comply with the requirements set out in the preceding paragraphs the Chamber may reject the claims in whole or in part.

4.The applicant’s claims shall be transmi ed to the respondent Contrac ng Party for comment.

Rule 6151 – Pilot-judgment procedure

1.The Court may ini ate a pilot-judgment procedure and adopt a pilot judgment where the facts of an applica on reveal in the Contrac ng Party concerned the existence of a structural or systemic problem or other similar dysfunc on which has given rise or may give rise to similar applica ons.

2.a. Before ini a ng a pilot-judgment procedure, the Court shall first seek the views of the par es on whether the applica on under examina on results from the existence of such a problem or dysfunc on in the Contrac ng Party concerned and on the suitability of processing the applica on in accordance with that procedure.

b.A pilot-judgment procedure may be ini ated by the Court of its own mo on or at the request of one or both par es.

c.Any applica on selected for pilot-judgment treatment shall be processed as a ma er of priority in accordance with Rule 41 of the Rules of Court.

3.The Court shall in its pilot judgment iden fy both the nature of the structural or systemic problem or other dysfunc on as established as well as the type of remedial measures which the Contrac ng Party concerned is required to take at the domes c level by virtue of the opera ve provisions of the judgment.

4.The Court may direct in the opera ve provisions of the pilot judgment that the remedial measures referred to

in paragraph 3 above be adopted within a specified me, bearing in mind the nature of the measures required and the speed with which the problem which it has iden fied can be remedied at the domes c level.

5. When adop ng a pilot judgment, the Court may reserve the ques on of just sa sfac on either in whole or in part pending the adop on by the respondent Contrac ng Party of the individual and general measures specified in the pilot judgment.

6.a. As appropriate, the Court may adjourn the examina on of all similar applica ons pending the adop on of the remedial measures required by virtue of the opera ve provisions of the pilot judgment.

b.The applicants concerned shall be informed in a suitable manner of the decision to adjourn. They shall be no fied as appropriate of all relevant developments a ec ng their cases.

c. The Court may at any me examine an adjourned applica on where the interests of the proper administra on of jus ce so require.

7.Where the par es to the pilot case reach a friendly-se lement agreement, such agreement shall comprise a declara on by the respondent Contrac ng Party on the implementa on of the general measures iden fied in the pilot judgment as well as the redress to be a orded to other actual or poten al applicants.

8.	Subject to any decision to the contrary, in the event of the failure of the Contrac ng Party concerned to comply
	with the opera ve provisions of a pilot judgment, the Court shall resume its examina on of the applica ons
	which have been adjourned in accordance with paragraph 6 above.
9.	The Commi ee of Ministers, the Parliamentary Assembly of the Council of Europe, the Secretary General of
	the Council of Europe, and the Council of Europe Commissioner for Human Rights shall be informed of the
	adop on of a pilot judgment as well as of any other judgment in which the Court draws a en on to the exis-
	tence of a structural or systemic problem in a Contrac ng Party.
10.	Informa on about the ini a on of pilot-judgment procedures, the adop on of pilot judgments and their exe-

51 Inserted by the Court on 21 February 2011.

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cu on as well as the closure of such procedures shall be published on the Court’s website.

Rule 6252 – Friendly se lement

1.Once an applica on has been declared admissible, the Registrar, ac ng on the instruc ons of the Chamber or its President, shall enter into contact with the par es with a view to securing a friendly se lement of the ma er in accordance with Ar cle 39 § 1 of the Conven on. The Chamber shall take any steps that appear appropriate to facilitate such a se lement.

2. In accordance with Ar cle 39 § 2 of the Conven on, the friendly-se lement nego a ons shall be confiden al and without prejudice to the par es’ arguments in the conten ous proceedings. No wri en or oral communica on and no o er or concession made in the framework of the a empt to secure a friendly se lement may be referred to or relied on in the conten ous proceedings.

3.If the Chamber is informed by the Registrar that the par es have agreed to a friendly se lement, it shall, a er verifying that the se lement has been reached on the basis of respect for human rights as defined in the Conven on and the Protocols thereto, strike the case out of the Court’s list in accordance with Rule 43 § 3.

4.Paragraphs 2 and 3 apply, muta s mutandis, to the procedure under Rule 54A.

Rule 62a53 – Unilateral declara on

1.a. Where an applicant has refused the terms of a friendly-se lement proposal made pursuant to Rule 62, the Contrac ng Party concerned may file with the Court a request to strike the applica on out of the list in accordance with Ar cle 37 § 1 of the Conven on.

b.Such request shall be accompanied by a declara on clearly acknowledging that there has been a viola on of the Conven on in the applicant’s case together with an undertaking to provide adequate redress and, as appropriate, to take necessary remedial measures.

c.The filing of a declara on under paragraph 1 (b) of this Rule must be made in public and adversarial proce-

edings conducted separately from and with due respect for the confiden ality of any friendly-se lement proceedings referred to in Ar cle 39 § 2 of the Conven on and Rule 62 § 2.

2.Where excep onal circumstances so jus fy, a request and accompanying declara on may be filed with the Court even in the absence of a prior a empt to reach a friendly se lement.

3.If it is sa sfied that the declara on o ers a su cient basis for finding that respect for human rights as defined in the Conven on and the Protocols thereto does not require it to con nue its examina on of the applica on, the Court may strike it out of the list, either in whole or in part, even if the applicant wishes the examina on of the applica on to be con nued.

4.This Rule applies, muta s mutandis, to the procedure under Rule 54A.

CHAPTER VI HEARINGS

Rule 6354 – Public character of hearings

1.Hearings shall be public unless, in accordance with paragraph 2 of this Rule, the Chamber in excep onal circumstances decides otherwise, either of its own mo on or at the request of a party or any other person concerned.

2.The press and the public may be excluded from all or part of a hearing in the interests of morals, public order

or na onal security in a democra c society, where the interests of juveniles or the protec on of the private life of the par es so require, or to the extent strictly necessary in the opinion of the Chamber in special circumstances where publicity would prejudice the interests of jus ce.

52As amended by the Court on 17 June and 8 July 2002 and 13 November 2006.

53Inserted by the Court on 2 April 2012.

54As amended by the Court on 7 July 2003.

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3.Any request for a hearing to be held in camera made under paragraph 1 of this Rule must include reasons and specify whether it concerns all or only part of the hearing.

Rule 6455 – Conduct of hearings

1.The President of the Chamber shall organise and direct hearings and shall prescribe the order in which those appearing before the Chamber shall be called upon to speak.

2.Any judge may put ques ons to any person appearing before the Chamber.

Rule 6556 – Failure to appear

Where a party or any other person due to appear fails or declines to do so, the Chamber may, provided that it is sa sfied that such a course is consistent with the proper administra on of jus ce, nonetheless proceed with the hearing.

Rules 66 to 69 deleted Rule 7057 – Verba m record of a hearing

1.1. If the President of the Chamber so directs, the Registrar shall be responsible for the making of a verba m record of the hearing. Any such record shall include:

a.the composi on of the Chamber;

b.a list of those appearing before the Chamber;

c.the text of the submissions made, ques ons put and replies given;

d.the text of any ruling delivered during the hearing.

2.If all or part of the verba m record is in a non-o cial language, the Registrar shall arrange for its transla on into one of the o cial languages.

3.The representa ves of the par es shall receive a copy of the verba m record in order that they may, subject to the control of the Registrar or the President of the Chamber, make correc ons, but in no case may such

correc	ons a ect the sense and bearing of what was said. The Registrar shall lay down, in accordance with the
instruc	ons of the President of the Chamber, the me-limits granted for this purpose.

4.The verba m record, once so corrected, shall be signed by the President of the Chamber and the Registrar and shall then cons tute cer fied ma ers of record.

CHAPTER VII PROCEEDINGS BEFORE THE GRAND CHAMBER

Rule 7158 – Applicability of procedural provisions

1.Any provisions governing proceedings before the Chambers shall apply, muta s mutandis, to proceedings before the Grand Chamber.

2.The powers conferred on a Chamber by Rules 54 § 5 and 59 § 3 in rela on to the holding of a hearing may, in proceedings before the Grand Chamber, also be exercised by the President of the Grand Chamber.

Rule 7259 – Relinquishment of jurisdic on in favour of the Grand Chamber

1.Where a case pending before a Chamber raises a serious ques on a ec ng the interpreta on of the Convenon or the Protocols thereto, the Chamber may relinquish jurisdic on in favour of the Grand Chamber, unless

one of the par es to the case has objected in accordance with paragraph 4 of this Rule.

2.Where the resolu on of a ques on raised in a case before the Chamber might have a result inconsistent with the Court’s case-law, the Chamber shall relinquish jurisdic on in favour of the Grand Chamber, unless one of the par es to the case has objected in accordance with paragraph 4 of this Rule.

3.Reasons need not be given for the decision to relinquish.

55As amended by the Court on 7 July 2003.

56As amended by the Court on 7 July 2003.

57As amended by the Court on 17 June and 8 July 2002.

58As amended by the Court on 17 June and 8 July 2002.

59As amended by the Court on 6 February 2013.

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4.The Registrar shall no fy the par es of the Chamber’s inten on to relinquish jurisdic on. The par es shall have one month from the date of that no fica on within which to file at the Registry a duly reasoned objec-

on. An objec on which does not fulfil these condi ons shall be considered invalid by the Chamber.

Rule 73 – Request by a party for referral of a case to the Grand Chamber

1.In accordance with Ar cle 43 of the Conven on, any party to a case may excep onally, within a period of three months from the date of delivery of the judgment of a Chamber, file in wri ng at the Registry a request that the case be referred to the Grand Chamber. The party shall specify in its request the serious ques on a ec ng the interpreta on or applica on of the Conven on or the Protocols thereto, or the serious issue of general importance, which in its view warrants considera on by the Grand Chamber.

2.A panel of five judges of the Grand Chamber cons tuted in accordance with Rule 24 § 5 shall examine the request solely on the basis of the exis ng case file. It shall accept the request only if it considers that the case does raise such a ques on or issue. Reasons need not be given for a refusal of the request.

3.If the panel accepts the request, the Grand Chamber shall decide the case by means of a judgment.

CHAPTER VIII JUDGMENTS

Rule 7460 – Contents of the judgment

1.A judgment as referred to in Ar cles 28, 42 and 44 of the Conven on shall contain

a.the names of the President and the other judges cons tu ng the Chamber or the Commi ee concerned, and the name of the Registrar or the Deputy Registrar;

b.the dates on which it was adopted and delivered; (c) a descrip on of the par es; (d) the names of the Agents, advocates or advisers of the par es; (e) an account of the procedure followed; (f) the facts of the case; (g) a summary of the submissions of the par es; (h) the reasons in point of law; (i) the opera ve provisions; (j) the decision, if any, in respect of costs; (k) the number of judges cons tu ng the majority; (l) where appropriate, a statement as to which text is authen c.

2.Any judge who has taken part in the considera on of the case by a Chamber or by the Grand Chamber shall be en tled to annex to the judgment either a separate opinion, concurring with or dissen ng from that judgment, or a bare statement of dissent.

Rule 7561 – Ruling on just sa sfac on

1. Where the Chamber or the Commi ee finds that there has been a viola on of the Conven on or the Protocols thereto, it shall give in the same judgment a ruling on the applica on of Ar cle 41 of the Conven on if a specific claim has been submi ed in accordance with Rule 60 and the ques on is ready for decision; if the ques on is not ready for decision, the Chamber or the Commi ee shall reserve it in whole or in part and shall fix the further procedure.

2.For the purposes of ruling on the applica on of Ar cle 41 of the Conven on, the Chamber or the Commi ee shall, as far as possible, be composed of those judges who sat to consider the merits of the case. Where it is not possible to cons tute the original Chamber or Commi ee, the President of the Sec on shall complete or compose the Chamber or Commi ee by drawing lots.

3.The Chamber or the Commi ee may, when a ording just sa sfac on under Ar cle 41 of the Conven on,

direct that if se lement is not made within a specified me, interest is to be payable on any sums awarded.

4.If the Court is informed that an agreement has been reached between the injured party and the Contrac ng Party liable, it shall verify the equitable nature of the agreement and, where it finds the agreement to be equitable, strike the case out of the list in accordance with Rule 43 § 3.

Rule 7662 – Language of the judgment

60As amended by the Court on 13 November 2006.

61As amended by the Court on 13 December 2004 and 13 November 2006.

62As amended by the Court on 17 June and 8 July 2002.

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1.Unless the Court decides that a judgment shall be given in both o cial languages, all judgments shall be given either in English or in French.

2.Publica on of such judgments in the o cial reports of the Court, as provided for in Rule 78, shall be in both o cial languages of the Court.

Rule 7763 – Signature, delivery and no fica on of the judgment

1.Judgments shall be signed by the President of the Chamber or the Commi ee and the Registrar.

2.The judgment adopted by a Chamber may be read out at a public hearing by the President of the Chamber or by another judge delegated by him or her. The Agents and representa ves of the par es shall be informed

in due	me of the date of the hearing. Otherwise, and in respect of judgments adopted by Commi ees, the
no fica	on provided for in paragraph 3 of this Rule shall cons tute delivery of the judgment.

3.The judgment shall be transmi ed to the Commi ee of Ministers. The Registrar shall send copies to the pares, to the Secretary General of the Council of Europe, to any third party, including the Council of Europe

Commissioner for Human Rights, and to any other person directly concerned. The original copy, duly signed and sealed, shall be placed in the archives of the Court.

Rule 78 – Publica on of judgments and other documents

In accordance with Ar cle 44 § 3 of the Conven on, final judgments of the Court shall be published, under the responsibility of the Registrar, in an appropriate form. The Registrar shall in addi on be responsible for the publica on of o cial reports of selected judgments and decisions and of any document which the President of the Court considers it useful to publish.

Rule 79 – Request for interpreta on of a judgment

1.A party may request the interpreta on of a judgment within a period of one year following the delivery of that judgment.

2.The request shall be filed with the Registry. It shall state precisely the point or points in the opera ve provisions of the judgment on which interpreta on is required.

3.The original Chamber may decide of its own mo on to refuse the request on the ground that there is no reason to warrant considering it. Where it is not possible to cons tute the original Chamber, the President of the Court shall complete or compose the Chamber by drawing lots.

4.If the Chamber does not refuse the request, the Registrar shall communicate it to the other party or par es

and shall invite them to submit any wri en comments within a me-limit laid down by the President of the Chamber. The President of the Chamber shall also fix the date of the hearing should the Chamber decide to hold one. The Chamber shall decide by means of a judgment.

Rule 80 – Request for revision of a judgment

1.A party may, in the event of the discovery of a fact which might by its nature have a decisive influence and which, when a judgment was delivered, was unknown to the Court and could not reasonably have been known to that party, request the Court, within a period of six months a er that party acquired knowledge of the fact, to revise that judgment.

2.The request shall men on the judgment of which revision is requested and shall contain the informa on necessary to show that the condi ons laid down in paragraph 1 of this Rule have been complied with. It shall be accompanied by a copy of all suppor ng documents. The request and suppor ng documents shall be filed with the Registry.

3.The original Chamber may decide of its own mo on to refuse the request on the ground that there is no reason to warrant considering it. Where it is not possible to cons tute the original Chamber, the President of the

63 As amended by the Court on 13 November 2006 and 1 December 2008.

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Court shall complete or compose the Chamber by drawing lots.

4. If the Chamber does not refuse the request, the Registrar shall communicate it to the other party or par es and shall invite them to submit any wri en comments within a me-limit laid down by the President of the Chamber. The President of the Chamber shall also fix the date of the hearing should the Chamber decide to hold one. The Chamber shall decide by means of a judgment.

Rule 81 – Rec fica on of errors in decisions and judgments

Without prejudice to the provisions on revision of judgments and on restora on to the list of applica ons, the Court may, of its own mo on or at the request of a party made within one month of the delivery of a decision or a judgment, rec fy clerical errors, errors in calcula on or obvious mistakes.

CHAPTER IX ADVISORY OPINIONS Rule 82

In proceedings rela ng to advisory opinions the Court shall apply, in addi on to the provisions of Ar cles 47, 48 and 49 of the Conven on, the provisions which follow. It shall also apply the other provisions of these Rules to the extent to which it considers this to be appropriate.

Rule 8364

The request for an advisory opinion shall be filed with the Registrar. It shall state fully and precisely the ques on on which the opinion of the Court is sought, and also

a.the date on which the Commi ee of Ministers adopted the decision referred to in Ar cle 47 § 3 of the Conven on;

b.the name and address of the person or persons appointed by the Commi ee of Ministers to give the Court any explana ons which it may require.

c.The request shall be accompanied by all documents likely to elucidate the ques on.

Rule 8465

1.On receipt of a request, the Registrar shall transmit a copy of it and of the accompanying documents to all members of the Court.

2.The Registrar shall inform the Contrac ng Par es that they may submit wri en comments on the request.

Rule 8566
1.	The President of the Court shall lay down the me-limits for filing wri	en comments or other documents.
2.	Wri en comments or other documents shall be filed with the	Registrar. The Registrar shall trans-
	mit copies of them to all the members of the Court, to the Commi ee of Ministers and to each of the
	Contrac ng Par es.

Rule 86

A er the close of the wri en procedure, the President of the Court shall decide whether the Contrac ng Par es which have submi ed wri en comments are to be given an opportunity to develop them at an oral hearing held for the purpose.

Rule 8767

1.A Grand Chamber shall be cons tuted to consider the request for an advisory opinion.

2.If the Grand Chamber considers that the request is not within its competence as defined in Ar cle 47 of the Conven on, it shall so declare in a reasoned decision.

64As amended by the Court on 4 July 2005.

65As amended by the Court on 4 July 2005.

66As amended by the Court on 4 July 2005.

67As amended by the Court on 4 July 2005.

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Статья 3 Европейской Конвенции о защите прав человека: Практическое руководство

Rule 88

1.Reasoned decisions and advisory opinions shall be given by a majority vote of the Grand Chamber. They shall men on the number of judges cons tu ng the majority.

2.Any judge may, if he or she so desires, a ach to the reasoned decision or advisory opinion of the Court either a separate opinion, concurring with or dissen ng from the reasoned decision or advisory opinion, or a bare statement of dissent.

Rule 8968

The reasoned decision or advisory opinion may be read out in one of the two o cial languages by the President of the Grand Chamber, or by another judge delegated by the President, at a public hearing, prior no ce having been given to the Commi ee of Ministers and to each of the Contrac ng Par es. Otherwise the no fica on provided for in Rule 90 shall cons tute delivery of the opinion or reasoned decision.

Rule 9069

The advisory opinion or reasoned decision shall be signed by the President of the Grand Chamber and by the Registrar. The original copy, duly signed and sealed, shall be placed in the archives of the Court. The Registrar shall send cer fied copies to the Commi ee of Ministers, to the Contrac ng Par es and to the Secretary General of the Council of Europe.

CHAPTER X70 PROCEEDINGS UNDER ARTICLE 46 §§ 3, 4 AND 5 OF THE CONVENTION Sub-chapter I – Proceedings under Ar cle 46 § 3 of the Conven on

Rule 91

Any request for interpreta on under Ar cle 46 § 3 of the Conven on shall be filed with the Registrar. The request shall state fully and precisely the nature and source of the ques on of interpreta on that has hindered execu on of the judgment men oned in the request and shall be accompanied by

a.informa on about the execu on proceedings, if any, before the Commi ee of Ministers in respect of the judgment;

b.a copy of the decision referred to in Ar cle 46 § 3 of the Conven on;

c.the name and address of the person or persons appointed by the Commi ee of Ministers to give the Court any explana ons which it may require.

Rule 92

1.The request shall be examined by the Grand Chamber, Chamber or Commi ee which rendered the judgment in ques on.

2. Where it is not possible to cons tute the original Grand Chamber, Chamber or Commi ee, the President of the Court shall complete or compose it by drawing lots.

Rule 93

The decision of the Court on the ques on of interpreta on referred to it by the Commi ee of Ministers is final. No separate opinion of the judges may be delivered thereto. Copies of the ruling shall be transmi ed to the Commi ee of Ministers and to the par es concerned as well as to any third party, including the Council of Europe Commissioner for Human Rights.

Sub-chapter II – Proceedings under Ar cle 46 §§ 4 and 5 of the Conven on Rule 94

In proceedings rela ng to a referral to the Court of a ques on whether a Contrac ng Party has failed to fulfil its obliga on under Ar cle 46 § 1 of the Conven on the Court shall apply, in addi on to the provisions of Ar cle 31

(b) and Ar cle 46 §§ 4 and 5 of the Conven on, the provisions which follow. It shall also apply the other provisions

68As amended by the Court on 4 July 2005.

69As amended by the Court on 4 July 2005.

70Inserted by the Court on 13 November 2006 and 14 May 2007.

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