ETS 5 – Human Rights (Convention), 4.XI.1950
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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 officio 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.
Article 27 – Competence of single judges
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
The decision shall be final.
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.
Article 28 – Competence of committees
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.
Article 29 – Decisions by Chambers on admissibility and merits
1
If no decision is taken under Article 27 or 28, or no judgment rendered under Article 28, a
Chamber shall decide on the admissibility and merits of individual applications submitted
under Article 34. The decision on admissibility may be taken separately.
2
A Chamber shall decide on the admissibility and merits of inter-State applications submitted
under Article 33. The decision on admissibility shall be taken separately unless the Court, in
exceptional cases, decides otherwise.
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