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2021-08-01 | BWBV0001000 | Verdrag tot bescherming van de rechten van de mens en de fundamentele vrijheden

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Coornhert 2021-08-01 12:00:00 +00:00
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verdrag/verdrag-tot-bescherming-van-de-rechten-van-de-mens-en-de-fundamentele-vrijheden/BWBV0001000/README.md
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@ -161,9 +161,15 @@ The Court shall consist of a number of judges equal to that of the High Contract
**1.** The judges shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence.
**2.** The judges shall sit on the Court in their individual capacity.
**2.** Candidates shall be less than 65 years of age at the date by which the list of three candidates has been requested by the Parliamentary Assembly, further to Article 22.
**3.** During their term of office the judges shall not engage in any activity which is incompatible with their independence, impartiality or with the demands of a full-time office; all questions arising from the application of this paragraph shall be decided by the Court.
**3.**
The judges shall sit on the Court in their individual capacity.
**4.** During their term of office the judges shall not engage in any activity which is incompatible with their independence, impartiality or with the demands of a full-time office; all questions arising from the application of this paragraph shall be decided by the Court.
### Artikel 22
@ -173,11 +179,9 @@ The judges shall be elected by the Parliamentary Assembly with respect to each H
**1.** The judges shall be elected for a period of nine years. They may not be re-elected.
**2.** The terms of office of judges shall expire when they reach the age of 70.
**2.** The judges shall hold office until replaced. They shall, however, continue to deal with such cases as they already have under consideration.
**3.** The judges shall hold office until replaced. They shall, however, continue to deal with such cases as they already have under consideration.
**4.** No judge may be dismissed from office unless the other judges decide by a majority of two-thirds that that judge has ceased to fulfil the required conditions.
**3.** No judge may be dismissed from office unless the other judges decide by a majority of two-thirds that that judge has ceased to fulfil the required conditions.
### Artikel 24
@ -237,7 +241,7 @@ b) declare it admissible and render at the same time a judgment on the merits, i
### Artikel 30
Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the Protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the case objects.
Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the Protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber.
### Artikel 31
@ -263,7 +267,7 @@ The Court may receive applications from any person, non-governmental organisatio
### Artikel 35
**1.** The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognised rules of international law, and within a period of six months from the date on which the final decision was taken.
**1.** The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognised rules of international law, and within a period of four months from the date on which the final decision was taken.
**2.**
@ -277,7 +281,7 @@ b) is substantially the same as a matter that has already been examined by the C
The Court shall declare inadmissible any individual application submitted under Article 34 if it considers that:
a) the application is incompatible with the provisions of the Convention or the Protocols thereto, manifestly ill-founded, or an abuse of the right of individual application; or
b) the applicant has not suffered a significant disadvantage, unless respect for human rights as defined in the Convention and the Protocols thereto requires an examination of the application on the merits and provided that no case may be rejected on this ground which has not been duly considered by a domestic tribunal.
b) the applicant has not suffered a significant disadvantage, unless respect for human rights as defined in the Convention and the Protocols thereto requires an examination of the application on the merits.
**4.** The Court shall reject any application which it considers inadmissible under this Article. It may do so at any stage of the proceedings.