Rules of Court-European Court of Human Rights (2022)

17 March 2022

Table of Contents

Rule 1 – Definitions 1

Title I – Organisation and Working of the Court

Chapter I – Judges
Rule 2 – Calculation of term of office 3
Rule 3 – Oath or solemn declaration 3
Rule 4 – Incompatible activities 3
Rule 5 – Precedence 3
Rule 6 – Resignation 4
Rule 7 – Dismissal from office 4

Chapter II – Presidency of the Court and the role of the Bureau
Rule 8 – Election of the President and Vice-Presidents of the Court and the
Presidents and Vice-Presidents of the Sections 5
Rule 9 – Functions of the President of the Court 5
Rule 9A – Role of the Bureau 6
Rule 10 – Functions of the Vice-Presidents of the Court 6
Rule 11 – Replacement of the President and the Vice-Presidents of the Court 6
Rule 12 – Presidency of Sections and Chambers 6
Rule 13 – Inability to preside 7
Rule 14 – Balanced representation of the sexes 7

Chapter III – The Registry
Rule 15 – Election of the Registrar 8
Rule 16 – Election of the Deputy Registrars 8
Rule 17 – Functions of the Registrar 8
Rule 18 – Organisation of the Registry 9
Rule 18A – Non-judicial rapporteurs 9
Rule 18B – Jurisconsult 9

Chapter IV – The Working of the Court
Rule 19 – Seat of the Court 10
Rule 20 – Sessions of the plenary Court 10
Rule 21 – Other sessions of the Court 10
Rule 22 – Deliberations 10
Rule 23 – Votes 10
Rule 23A – Decision by tacit agreementContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. 11

Chapter V – The Composition of the Court
Rule 24 – Composition of the Grand Chamber 12
Rule 25 – Setting-up of Sections 13
Rule 26 – Constitution of Chambers 13
Rule 27 – Committees 14
Rule 27A – Single-judge formation 14
Rule 28 – Inability to sit, withdrawal or exemption 15
Rule 29 – Ad hoc judges 15
Rule 30 – Common interest 16

Title II – Procedure

Chapter I – General Rules
Rule 31 – Possibility of particular derogations 17
Rule 32 – Practice directions 17
Rule 33 – Public character of documents 17
Rule 34 – Use of languages 17
Rule 35 – Representation of Contracting Parties 18
Rule 36 – Representation of applicants 19
Rule 37 – Communications, notifications and summonses 19
Rule 38 – Written pleadings 19
Rule 38A – Examination of matters of procedure 20
Rule 39 – Interim measures 20
Rule 40 – Urgent notification of an application 20
Rule 41 – Order of dealing with cases 20
Rule 42 – Joinder and simultaneous examination of applications 20
Rule 43 – Striking out and restoration to the list 21
Rule 44 – Third-party intervention 21
Rule 44A – Duty to cooperate with the Court 22
Rule 44B – Failure to comply with an order of the Court 23
Rule 44C – Failure to participate effectively 23
Rule 44D – Exclusion from representation or assisting before the Court 23
Rule 44E – Failure to pursue an application 23
Chapter II – Institution of Proceedings
Rule 45 – Signatures 24
Rule 46 – Contents of an inter-State application 24
Rule 47 – Contents of an individual application 24
Chapter III – Judge Rapporteurs
Rule 48 – Inter-State applications 27
Rule 49 – Individual applications 27
Rule 50 – Grand Chamber proceedings 27
Chapter IV – Proceedings on Admissibility
Inter-State applications
Rule 51 – Assignment of applications and subsequent procedure 28
Individual applications
Rule 52 – Assignment of applications to the Sections 28
Rule 52A – Procedure before a single judge 28
Rule 53 – Procedure before a Committee 29
Rule 54 – Procedure before a Chamber 29
Rule 54A – Joint examination of admissibility and meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. 30
Inter-State and individual applications
Rule 55 – Pleas of inadmissibility 30
Rule 56 – Decision of a Chamber 30
Rule 57 – Language of the decision 31
Chapter V – Proceedings after the Admission of an Application
Rule 58 – Inter-State applications 32
Rule 59 – Individual applications 32
Rule 60 – Claims for just satisfaction 32
Rule 61 – Pilot-judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) procedure 32
Rule 62 – Friendly settlement 33
Rule 62A – Unilateral declaration 34
Chapter VI – Hearings
Rule 63 – Public character of hearings 35
Rule 64 – Conduct of hearings 35
Rule 65 – Failure to appear 35
Rule 70 – Verbatim record of a hearing 35
Chapter VII – Proceedings before the Grand Chamber
Rule 71 – Applicability of procedural provisions 37
Rule 72 – Relinquishment of jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. in favour of the Grand Chamber 37
Rule 73 – Request by a party for referral of a case to the Grand Chamber 37
Chapter VIII – Judgments
Rule 74 – Contents of the judgment 38
Rule 75 – Ruling on just satisfaction 38
Rule 76 – Language of the judgment 39
Rule 77 – Signature, delivery and notification of the judgment 39
Rule 79 – Request for interpretation of a judgment 39
Rule 80 – Request for revision of a judgment 39
Rule 81 – Rectification of errors in decisions and judgments 40
Chapter IX – Advisory Opinions under Articles 47, 48 and 49 of the Convention
Rule 82 41
Rule 83 41
Rule 84 41
Rule 85 41
Rule 86 41
Rule 87 42
Rule 88 42
Rule 89 42
Rule 90 42
Chapter X – Advisory opinions under Protocol No 16 to the Convention
Rule 91 – General 43
Rule 92 – The introduction of a request for an advisory opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. 43
Rule 93 – Examination of a request by the panel 43
Rule 94 – Proceedings following the panel’s acceptance of a request 44
Rule 95 – CostsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs. of the advisory-opinion proceedings and legal aid 45
Chapter XI – Proceedings under Article 46 §§ 3, 4 and 5 of the Convention
Proceedings under Article 46 § 3 of the Convention
Rule 96 46
Rule 97 46
Rule 98 46
Proceedings under Article 46 §§ 4 and 5 of the Convention
Rule 99 46
Rule 100 47
Rule 101 47
Rule 102 47
Rule 103 47
Rule 104 47
Chapter XIA – Publication of judgments, decisions and advisory opinions
Rule 104A – Publication on the Court’s case-law database 48
Rule 104B – Key cases 48
Chapter XII – Legal Aid
Rule 105 49
Rule 106 49
Rule 107 49
Rule 108 49
Rule 109 49
Rule 110 50
Title III – Transitional Rules
Rule 111 – Relations between the Court and the Commission 51
Rule 112 – Chamber and Grand Chamber proceedings 51
Rule 113 – Grant of legal aid 51
Rule 114 – Request for revision of a judgment 52
Title IV – Final Clauses
Rule 115 – Suspension of a Rule 53
Rule 116 – Amendment of a Rule 53
Rule 117 – Entry into force of the Rules 54
Annex to the Rules (concerning investigations)
Rule A1 – Investigative measures 55
Rule A2 – Obligations of the parties as regards investigative measures 55
Rule A3 – Failure to appear before a delegation 55
Rule A4 – Conduct of proceedings before a delegation 56
Rule A5 – Convocation of witnesses, experts and of other persons to proceedings
before a delegation 56
Rule A6 – Oath or solemn declaration by witnesses and experts heard by a delegation 56
Rule A7 – Hearing of witnesses, experts and other persons by a delegation 57
Rule A8 – Verbatim record of proceedings before a delegation 57

Practice Directions
Requests for interim measures 58
Institution of proceedings 60
Written pleadings 63
Just satisfaction claims 66
Secured electronic filing by Governments 69
Requests for anonymity 71
Electronic filing by applicants 72