The European Court of Human Rights shall consist of a number of judges equal to that of
the Members of the Council of Europe. No two judges may be nationals of the State.
1.The members of the Court shall be elected by the Consultative Assembly by a majority
of the votes cast from a list of persons nominated by Members of the Council of Europe;
each Member shall nominate three candidates, of whom two at least shall be its nationals.
2.As far as applicable, the same procedure shall be followed to complete the Court in
the event of the admission of new members of the Council of Europe, and in filling casual
3.The candidates shall be of high moral character and must either possess the
qualifications required for appointment to high judicial office or be jurisconsults of
1.The members of the Court shall be elected for a period of nine years. They may be
re-elected. However, of the members elected at the first election the terms of four
members shall expire at the end of three years, and the terms of four more members shall
expire at the end of six years.
2.The members whose terms are to expire at the end of the initial periods of three and
six years shall be chosen by lot by the Secretary-General immediately after the first
election has been completed.
3.A member of the Court elected to replace a member whose term of office has not
expired shall hold office for the remainder of his predecessor's term.
4.The members of the Court shall hold office until replaced. After having been
replaced, they shall continue to deal with such cases as they already have under
The Court shall elect the President and Vice-President for a period of three years.
They may be re-elected.
The members of the Court shall receive for each day of duty a compensation to be
determined by the Committee of Ministers.
For the consideration of each case brought before it the Court shall consist of a
Chamber composed of seven judges. There shall sit as an 'ex officio' member of the Chamber
the judge who is a national of any State party concerned, or, if there is none, a person
of its choice who shall sit in the capacity of judge; the names of the other judges shall
be chosen by lot by the President before the opening of the case.
Only the High Contracting Parties and the Commission shall have the right to bring a
case before the Court.
The jurisdiction of the Court shall extend to all cases concerning the interpretation
and application of the present Convention which the High Contracting Parties or the
Commission shall refer to it in accordance with Article 48.
1.Any of the High Contracting Parties may at any time declare that it recognizes as
compulsory 'ipso facto' and without special agreement the jurisdiction of the Court in all
matters concerning the interpretation and application of the present Convention.
2.The declarations referred to above may be made unconditionally or on condition of
reciprocity on the part of several or certain other High Contracting Parties or for a
3.These declarations shall be deposited with the Secretary- General of the Council of
Europe who shall transmit copies thereof to the High Contracting Parties.
The Court may only deal with a case after the Commission has acknowledged the failure
of efforts for a friendly settlement and within the period of three months provided for in
The following may bring a case before the Court, provided that the High Contracting
Party concerned, if there is only one, or the High Contracting Parties concerned, if there
is more than one, are subject to the compulsory jurisdiction of the Court, or failing
that, with the consent of the High Contracting Party concerned, if there is only one, or
of the High Contracting Parties concerned if there is more than one:
(a) the Commission;
(b) a High Contracting Party whose national is alleged to be a victim;
(c) a High Contracting Party which referred the case to the Commission;
(d) a High Contracting Party against which the complaint has been lodged.
In the event of dispute as to whither the Court has the jurisdiction, the matter shall
be settled by the decision of the Court.
If the Court finds that a decision or a measure taken by a legal authority or any other
authority of a High Contracting Party, is completely or partially in conflict with the
obligations arising from the present convention, and if the internal law of the said Party
allows only partial reparation to be made for the consequences of this decision or
measure, the decision of the Court shall, if necessary, afford just satisfaction to the
1.Reasons shall be given for the judgement of the Court.
2.If the judgement does not represent in whole or in part the unanimous opinion of the
judges, any judges shall be entitled to deliver a separate opinion.
The judgement of the Court shall be final.
The High Contracting Parties undertake to abide by the decision of the Court in any
case to which they are parties.
The judgement of the Court shall be transmitted to the Committee of Ministers which
shall supervise its execution.
The Court shall draw up its own rules and shall determine its own procedure.
1.The first election of the members of the Court shall take place after the
declarations by the High Contracting Parties mentioned in Article 46 have reached a total
2.No case can be brought before the Court before this election.