PART 1: Overview of the Concil of Europe, the Convention and the Court
1.4 Structure of the Court
The Court has four different decision bodies: the Grand Chamber, Chambers,
Committees and Single Judges.20 In the following, the function and organization
of these four different formations will briefly be explained.
1.4.1 The Grand Chamber
The Grand Chamber consists of 17 judges and at least three substitute judges.21
It includes the President and the Vice Presidents of the Court, the Presidents of
the Sections, and the national Judge. In cases referred to the Grand Chamber pursuant to Article 30, the Grand Chamber also includes members of the Chamber
that relinquished jurisdiction. However, in cases referred to the Grand Chamber
under Article 43, the Grand Chamber does not include any judge who participated
in the original Chamber’s deliberations on the admissibility or merits of the case,
except for the President of that Chamber and the national judge. The judges and
the substitute judges who are to complete the Grand Chamber in each case referred
to it, are designated from among the remaining judges by a drawing of lots. In
the performance of its duties, the Grand Chamber is assisted by the Registrar or a
Deputy Registrar of the Court.
The Grand Chamber may deal with an application in two situations. Firstly, if a case
which is pending before a Chamber raises a serious question affecting the interpretation of the Convention or the Protocols, 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 in question 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 within one month of notification of
the Chamber’s intention.22 Such cases may, for example, concern issues that have
not been dealt with by the Court previously. They also include cases in which the
Court is considering reversing earlier case law.
The second situation where the Grand Chamber may consider an application is
when one of the parties to the case (or indeed both Parties) requests, within a
period of three months from the date of delivery of the judgment, that the case be
referred to the Grand Chamber.23
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Article 27 of the Convention.
Rule 24 § 1 of the Rules of Court.
See Article 30 of the Convention and Rule 72 of the Rules of Court.
Article 43 of the Convention and Rule 73 of the Rules of Court.
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