PART 1: Overview of the Concil of Europe, the Convention and the Court to repetitive violations of the Convention. It was thus decided to amend Article 36 of the Convention so as to enable the Commissioner to intervene as a third party in cases before the European Court of Human Rights through the submission of written comments and by taking part in hearings.4 1.2 The European Court of Human Rights The European Court of Human Rights is the oldest, best established, and most effective of the three regional human rights systems in existence today. Its judgments are binding in the member States of the Council of Europe. Failure to abide by the judgments of the Court can in theory have significant political consequences for the concerned member State, including exclusion from the Council of Europe. In reality, such sanctions have never been applied because Contracting Parties generally have a good record of compliance with the Court’s judgments. The Court is presided over by its President, who is also one of the judges of the Court. The functions of the President include representing the Court and issuing practice directions. The President is assisted by two Vice Presidents,5 who are also judges. The President and his or her deputies are elected by the Plenary Court for a period of three years; they may be re-elected.6 The expression ‘Plenary Court’ means ‘the European Court of Human Rights sitting in plenary session’,7 i.e. a meeting attended by all the judges. The Plenary Court meets at least once a year to discuss administrative matters but it does not perform judicial functions. It deals with internal administrative matters which include, inter alia, the adoption of the Rules of Court,8 the election of the President and the Vice Presidents of the Court, the setting up of the Sections, and the election of the Presidents of Sections and the Registrar and his or her deputies. At this stage, it is important to know that the Court is divided into five Sections.9 When a Section examines an application, it does so either in a formation of seven judges (a ‘Chamber’), or in a formation of three judges (a ‘Committee’).10 4 5 6 7 8 9 10 Article 36 § 3 of the Convention. Rule 8 § 1 of the Rules of Court. Article 25 of the Convention. See also Rule 8 § 1 of the Rules of Court. Rule 1 (b) of the Rules of Court. For information on the Rules of Court see section 1.7.3 below. The fifth Section was created on 1 April 2006. See section 1.5.3 below. 21