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European Commission of Human Rights - Rules of Procedure

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Chapter IV: Proceedings on admissibility

Rule 45

1. Where, pursuant to Article 24 of the Convention, an application is brought before the Commission by a High Contracting Party, the President of the Commission shall give notice of such application to the High Contracting Party against which the claim is made and shall invite it to submit to the Commission its observations in writing on the admissibility of such application. The observations so obtained shall be communicated to the High Contracting Party which brought the application and it may submit written observations in reply.

2. The Commission shall designate one or more of its members to submit a report on admissibility. Rule 47, paragraph 3, is, by analogy, applicable to this report.

3. Before deciding upon the admissibility of the application the Commission may invite the parties to submit further observations, either in writing or at a hearing.

Rule 46

In any case of urgency, the Secretary to the Commission may, without prejudice to the taking of any other procedural steps, inform a High Contracting Party concerned in an application, by any available means, of the introduction of the application and of a summary of its objects.

Rule 47

1. Any application submitted pursuant to Article 25 of the Convention shall be referred to a member of the Commission who, as rapporteur, shall examine the application and submit a report to the Commission on its admissibility and a proposal on the procedure to be adopted.

2. Rapporteurs, in their examination of the application:

a. may request relevant information on matters connected with the application, from the applicant or the High Contracting Party concerned;

b. shall communicate any information so obtained from the High Contracting Party to the applicant for comments;

c. shall decide whether to refer the application to a Committee.

3. The report of the rapporteur on the admissibility of the application shall contain:

a. a statement of the relevant facts, including any information or comments obtained under paragraph 2 of this Rule;

b. if necessary, an indication of the issues arising under the Convention in the application;

c. a proposal on admissibility and on any other action to be taken, as the case may require.

Rule 48

1. The Commission shall consider the report of the rapporteur and may declare at once that the application is inadmissible or to be struck off its list.

2. Alternatively, the Commission may:

a. request relevant information on matters connected with the application from the applicant or the High Contracting Party concerned. Any information so obtained from the High Contracting Party shall be communicated to the applicant for comments;

b. give notice of the application to the High Contracting Party against which it is brought and invite that Party to present to the Commission written observations on the application.

Any observations so obtained shall be communicated to the applicant for any written observations in reply.

Rule 49

1. An application shall be referred to a Chamber unless it has been referred to a Committee under Rule 47, paragraph 2 c, or its examination by a Chamber is excluded under Article 20, paragraphe 2, of the Convention.

2. Applications shall normally be referred to the Chamber which includes the member of the Commission elected in respect of the High Contracting Party against which the application has been made.

3. If there is a reasoned request from a party that the application should be referred to the Plenary Commission, that request shall be considered by the Plenary Commission.

4. The members of the Commission shall be informed of the decisions of the Chambers.

Rule 50

Before deciding upon the admissibility of the application, the Commission may invite the parties:

a. to submit further observations in writing;

b. to submit further observations orally at a hearing on issues of admissibility and at the same time, if the Commission so decides, on the merits of the application.

Rule 51

Time-limits shall be fixed by the rapporteur for any information or comments requested under Rule 47, paragraph 2, and by the Commission for any information, observations or comments requested under Rule 48, paragraph 2 and under Rule 50.

Rule 52

1. The decision of the Commission shall be communicated by the Secretary of the Commission to the applicant and to the High Contracting Party or Parties concerned. However, in the case provided for in paragraph 1 of Rule 48 or where information has been obtained from the applicant only, the decision shall be communicated to the High Contracting Party or Parties concerned only at their request and provided that the Commission does not decide otherwise.

2. The decision of the Commission shall state whether it was taken unanimously or by majority and shall be accompanied or followed by reasons.

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