Edit]Plenary court and administration

The plenary court is an assembly of all of the Court's judges. It has no judicial functions. It elects the court's president, vice-president, registrar and deputy registrar. It also deals with administrative matters, discipline, working methods, reforms, the establishment of Chambers and the adoption of the Rules of Court.^[12]

[edit]Jurisdiction

Signatories to the European Convention on Human Rights

The jurisdiction of the court is generally divided into inter-state cases, applications by individuals against contracting states, and advisory opinions in accordance with Protocol No.2. Applications by individuals constitute the majority of cases heard by the Court.^[13] A Committee is constituted by three judges, Chambers by seven judges and a Grand Chamber by 17 judges.^[14]

[edit]Applications by individuals

Applications by individuals against contracting states, alleging that the state violates their rights under the European Convention on Human Rights, can be made by any person, non-governmental organisation or group of individuals. Although the official languages of the Court are English and French applications may be submitted in any one of the official languages of the contracting states. An application has to be made in writing and signed by the applicant or by the applicant's representative.^[15] Once registered with the Court, the case is assigned to a judge rapporteur, which can make the final decision that the case is inadmissible. A case may be inadmissible when it is incompatible with the requirements of ratione materiae, ratione temporis or ratione personae, or if the case cannot be proceeded with on formal grounds, such as non-exhaustion of domestic remedies, lapse of the six months form the last internal decision complained of, anonymity, substantial identity with a matter already submitted to the Court, or with another procedure of international investigation. If the rapporteur judge decides that the case can proceed, the case if referred to a Chamber of the Court which, unless it decides that the application is inadmissible, communicates the case to the government of the state against which the application is made, asking the government to present its observations on the case. The Chamber of Court then deliberates and judges the case on its admissibility and its merit. Cases which raise serious questions of interpretation and application of the European Convention on Human Rights, a serious issue of general importance, or which may depart from previous case law can be heard in the Grand Chamber if all parties to the case agree to the Chamber of the Court relinquishing jurisdiction to the Grand Chamber. A panel of five judges decides whether the Grand Chamber accepts the referral.^[16][17]

[edit]Inter-state cases

Any contracting state to the European Convention on Human Rights can sue another contracting state in the Court for alleged breaches of the Convention, although in practice this is very rare.^[18]

[edit]Advisory opinion

The Committee of Ministers may, by majority vote, ask the Court to deliver an advisory opinion on the interpretation of the European Convention on Human Rights, unless the matter relates to the content and scope of fundamental rights which the Court already considers.^[19]

[edit]Procedure and decisions

Court room of the ECtHR

After the preliminary finding of admissibility the Court examines the case by hearing representations from both parties. The Court may undertake any investigation it deems necessary on the facts or issues raised in the application and contracting states are required to provide the Court with all necessary assistance for this purpose. The European Convention on Human Rights requires all hearings to be in public, unless there are exceptional circumstances justifying the holding of a private hearing. In practice the majority of cases are heard in private following written pleadings. In confidential proceedings the Court may assist both parties in securing a settlement, in which case the Court monitors the compliance of the agreement with the Convention. However, in many cases, a hearing is not held. The judgement of the Grand Chamber is final. Judgements by the Chamber of the Court becomes final three months after they are issued, unless a reference to the Grand Chamber for review or appeal has been made. If the panel of the Grand Chamber rejects the request for referral, the judgement of the Chamber of the Court becomes final.^[20]

The Court's chamber decides both issues regarding admissibility and merits of the case. Generally, both these issues are dealt with in the same judgement. In final judgements the Court makes a declaration that a contracting state has violated the Convention, and may order the contracting state to pay material and/or moral damages and the legal expenses incurred in domestic courts and the Court in bringing the case. The Court's judgements are public and must contain reasons justifying the decision. Article 46 of the Convention provides that contracting states undertake to abide by the Court's final decision. On the other hand, advisory opinions are, by definition, non-binding. The Court has to date decided consistently that under the Convention it has no jurisdiction to annul domestic laws or administrative practices which violate the Convention. The Committee of Ministers of the Council of Europe is charged with supervising the execution of the Court's judgements. The Committee of Ministers oversees the contracting states' changes to their national law in order that it is compatible with the Convention, or individual measures taken by the contracting state to redress violations. Judgements by the Court are binding on the respondent states concerned and states usually comply with the Court's judgements.^[21]

Chambers decide cases by a majority. Any judge who has heard the case can attach to the judgement a separate opinion. This opinion can concur or dissent with the decision of the Court. In case of a tie in voting, the President has the casting vote.

Date: 2015-02-16; view: 826