Chapter IV: Proceedings on
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.
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.
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
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
c. a proposal on admissibility and on any other action to be taken, as the case may
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
Any observations so obtained shall be communicated to the applicant for any written
observations in reply.
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.
Before deciding upon the admissibility of the application, the Commission may invite
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.
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.
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.