2009-07-01 | BWBV0001000 | Verdrag tot bescherming van de rechten van de mens en de fundamentele vrijheden

This commit is contained in:
Coornhert 2009-07-01 12:00:00 +00:00
parent 89fac49b0c
commit b4c9386407

View file

@ -189,7 +189,9 @@ The Court shall consist of a number of judges equal to that of the High Contract
### Artikel 24
No judge may be dismissed from his office unless the other judges decide by a majority of two-thirds that he has ceased to fulfil the required conditions.
**1.** The Court shall have a registry, the functions and organisation of which shall be laid down in the rules of the Court.
**2.** When sitting in a single-judge formation, the Court shall be assisted by rapporteurs who shall function under the authority of the President of the Court. They shall form part of the Court's registry.
### Artikel 25
@ -197,25 +199,36 @@ The Court shall have a registry, the functions and organisation of which shall b
### Artikel 26
The plenary Court shall
**1.** To consider cases brought before it, the Court shall sit in a single-judge formation, in committees of three judges, in Chambers of seven judges and in a Grand Chamber of seventeen judges. The Court's Chambers shall set up committees for a fixed period of time.
a) elect its President and one or two Vice-Presidents for a period of three years; they may be re-elected;
b) set up Chambers, constituted for a fixed period of time;
c) elect the Presidents of the Chambers of the Court; they may be re-elected;
d) adopt the rules of the Court; and
e) elect the Registrar and one or more Deputy Registrars.
**2.** At the request of the plenary Court, the Committee of Ministers may, by a unanimous decision and for a fixed period, reduce to five the number of judges of the Chambers.
**3.** When sitting as a single judge, a judge shall not examine any application against the High Contracting Party in respect of which that judge has been elected.
**4.** There shall sit as an *ex offıcio* member of the Chamber and the Grand Chamber the judge elected in respect of the High Contracting Party concerned. If there is none or if that judge is unable to sit, a person chosen by the President of the Court from a list submitted in advance by that Party shall sit in the capacity of judge.
**5.** The Grand Chamber shall also include the President of the Court, the Vice-Presidents, the Presidents of the Chambers and other judges chosen in accordance with the rules of the Court. When a case is referred to the Grand Chamber under Article 43, no judge from the Chamber which rendered the judgment shall sit in the Grand Chamber, with the exception of the President of the Chamber and the judge who sat in respect of the High Contracting Party concerned.
### Artikel 27
**1.** To consider cases brought before it, the Court shall sit in committees of three judges, in Chamers of seven judges and in a Grand Chamber of seventeen judges. The Court's Chambers shall set up committees for a fixed period of time.
**1.** A single judge may declare inadmissible or strike out of the Court's list of cases an application submitted under Article 34, where such a decision can be taken without further examination.
**2.** There shall sit as an *ex officio* member of the Chamber and the Grand Chamber the judge elected in respect of the State Party concerned or, if there is none or if he is unable to sit, a person of its choice who shall sit in the capacity of judge.
**2.** The decision shall be final.
**3.** The Grand Chamber shall also include the President of the Court, the Vice-Presidents, the Presidents of the Chambers and other judges chosen in accordance with the rules of the Court. When a case is referred to the Grand Chamber under Article 43, no judge from the Chamber which rendered the judgment shall sit in the Grand Chamber, with the exception of the President of the Chamber and the judge who sat in respect of the State Party concerned.
**3.** If the single judge does not declare an application inadmissible or strike it out, that judge shall forward it to a committee or to a Chamber for further examination.
### Artikel 28
A committee may, by a unanimous vote, declare inadmissible or strike out of its list of cases an individual application submitted under Article 34 where such a decision can be taken without further examination. The decision shall be final.
**1.**
In respect of an application submitted under Article 34, a committee may, by a unanimous vote,
a) declare it inadmissible or strike it out of its list of cases, where such decision can be taken without further examination; or
b) declare it admissible and render at the same time a judgment on the merits, if the underlying question in the case, concerning the interpretation or the application of the Convention or the Protocols thereto, is already the subject of well-established case-law of the Court.
**2.** Decisions and judgments under paragraph 1 shall be final.
**3.** If the judge elected in respect of the High Contracting Party concerned is not a member of the committee, the committee may at any stage of the proceedings invite that judge to take the place of one of the members of the committee, having regard to all relevant factors, including whether that Party has contested the application of the procedure under paragraph 1.b.
### Artikel 29