Title II: The Functioning of the
Chapter I: General Rules
1. The seat of the Commission shall be in Strasbourg.
2. The Commission may decide, at any stage of the examination of an application, that
it is necessary that an investigation or any other of its functions be carried out
elsewhere by it or one or more of its members.
1. The Commission shall meet during at least sixteen weeks in each year.
2. The Commission shall, at the last session of each year at the latest, fix its
sessions for the following year. It shall meet at other times by decision of the President
as circumstances may require. It shall also meet if at least one third of the members so
3. Members who are prevented by illness or other serious reason from attending all or
part of any session of the Commission or from fulfilling any other duty shall, as soon as
possible, give notice thereof to the Secretary who shall inform the President.
1. All deliberations of the Commission shall be and shall remain confidential. Only the
Secretary to the Commission, members of its Secretariat, interpreters, and persons
providing technical or secretarial assistance to the Commission may be present at its
meetings, unless the Commission decides otherwise.
2. The contents of all case-files, including all pleadings, shall be confidential.
However, the decisions of the Commission on admissibility shall be available to the
public, provided that the name or other means of identification of an applicant shall not
be indicated, unless the Commission decides otherwise.
3. At any stage in the examination of an application, the Secretary may communicate
information to the press to an extent compatible with the legitimate interests of the
parties and subject to any special directions by the Commission.
1. After any deliberations and before a vote is taken on any matter in the Commission,
the President may request members to state their opinions thereon, in the order of
precedence laid down in Rule 4, starting with the junior member. The vote may also be
taken in the same manner.
2. If the voting is equal, a roll call vote shall then be taken as provided in
paragraph 1 of this Rule and the President shall have a casting vote.
3. In decisions on the admissibility of an application, or in expressing an opinion on
a breach of the Convention, members shall not abstain.
1. The records of deliberations shall be limited to a record of the subject of the
discussions, the votes taken, the names of those voting for and against a motion and any
statements expressly made for insertion therein.
2. The records of hearings shall contain the names of the members present and of any
persons appearing; they shall give a brief account of the course of the hearing and of any
3. The draft minutes of the Commission's sessions shall be circulated to members and if
no comments are received within a prescribed time-limit they shall be deemed to be
adopted. Any such comments will be taken up at the next session.
1. Members shall not take part in the examination of an application before the
Commission, where they
a. have any personal interest in the case;
b. have participated in any decision on the facts on which the application is based as
adviser to any of the parties or as a member of any tribunal or body of enquiry.
2. If, in any case of doubt with regard to paragraph 1 of this Rule, or in any other
circumstances which might appear to affect the impartiality of members in their
examination of an application, they or the President consider that they should not take
part, the Commission shall decide.
When, for any special reason other than under Rule 20, members consider that they
should not take part or continue to take part in the examination of a case, they shall
inform the President.
Any member who, under the provisions of Rule 20 or Rule 21, does not take part in the
examination of an application, shall not form part of the quorum during such examination.