Подборка материалов "Обзоры постановлений Европейского суда по правам человека"
20.06.2013
#4389666
June 2013
Information about the new Rule 47
Amended Rule 47 with changes integrated
Entry into force on 1 January 2014
Rule 47^ - Contents of an individual application
1. An application under Article 34 of the Convention shall be made on
the application form provided by the Registry, unless the Court
decides otherwise. It shall contain all of the information requested
in the relevant parts of the application form and set out
(a) the name, date of birth, nationality and address of the applicant
and, where the applicant is a legal person, the full name, date of
incorporation or registration, the official registration number (if
any) and the official address;
(b) the name, occupation, address, telephone and fax numbers and
e-mail address of the representative, if any;
(c) the name of the Contracting Party or Parties against which the
application is made;
(d) a concise and legible statement of the facts;
(e) a concise and legible statement of the alleged violation(s) of
the Convention and the relevant arguments; and
(f) a concise and legible statement confirming the applicant's
compliance with the admissibility criteria laid down in Article 35 S:
1 of the Convention.[DEL: :DEL]
2. (a) All of the information referred to in paragraph 1 (d) to (f)
above that is set out in the relevant part of the application form
should be sufficient to enable the Court to determine the nature and
scope of the application without recourse to any other document.
(b) The applicant may however supplement the information by appending
to the application form further details on the facts, alleged
violations of the Convention and the relevant arguments. Such
information shall not exceed 20 pages.
3.1. The application form shall be signed by the applicant or the
applicant's representative and shall be accompanied by
(a) copies of documents relating to the decisions or measures
complained of, judicial or otherwise;
(b) copies of documents and decisions showing that the applicant has
complied with the exhaustion of domestic remedies requirement and the
time-limit contained in Article 35 S: 1 of the Convention;
(c) where appropriate, copies of documents relating to any other
procedure of international investigation or settlement;
(d) where represented, the original of the power of attorney or form
of authority signed by the applicant.
[DEL: :DEL]
3.2. Documents submitted in support of the application shall be
listed in order by date, numbered consecutively and be identified
clearly.
4. Applicants who do not wish their identity to be disclosed to the
public shall so indicate and shall submit a statement of the reasons
justifying such a departure from the normal rule of public access to
information in proceedings before the Court. The Court may authorise
anonymity or grant it of its own motion.
5.1. Failure to comply with the requirements set out in paragraphs 1
to 3 of this Rule will result in the application not being examined by
the Court, unless
(a) the applicant has provided an adequate explanation for the
failure to comply;[DEL: :DEL]
(b) the application concerns a request for an interim measure;
(c) the Court otherwise directs of its own motion or at the request
of an applicant.
5.2. The Court may in any case request an applicant to provide
information or documents in any form or manner which may be
appropriate within a fixed time-limit.
6. (a) The date of introduction of the application for the purposes
of Article 35 S: 1 of the Convention shall be the date on which an
application form satisfying the requirements of this Rule is sent to
the Court. The date of dispatch shall be the date of the postmark.
(b) Where it finds it justified, the Court may nevertheless decide
that a different date shall be considered to be the date of
introduction.
7. Applicants shall keep the Court informed of any change of address
and of all circumstances relevant to the application.
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1. On 6 May 2013 the Plenary Court approved a revision of Rule 47 of
the Rules of Court which sets out what an individual application to
the Court should contain (see appended text). The purpose of the
revision is to achieve greater efficiency in the way applications are
dealt with at the initial stage of the process before the Court. The
amendments will entail two important changes. First, the rules on what
an application must contain will be applied more strictly. An
application which does not contain the necessary information will not
be examined by the Court. Secondly, in future only an application
which fulfils the conditions of Rule 47 will interrupt the running of
time for the purposes of lodging an application within the prescribed
period.
2. As regards the first amendment, i.e. the stricter application of
the requirements concerning the contents of an application, the Court
has tested a more formal approach to applications on the basis of the
current wording of Rule 47. Starting in September 2011, it applied the
policy to new applications coming from certain countries. The test was
subsequently extended to other countries and the Court then made an
assessment of the trial. The experience gained enabled the fine-tuning
of the text of Rule 47 in the form that has now been adopted.
3. The main idea is that applicants must provide the Court with
sufficient information to allow it to conduct an initial analysis of
the application. Introducing an application before the Court is a
formal legal act and applicants can consequently be required to
observe basic formalities. With thousands of new applications reaching
the Court each month, the Registry simply does not have the time to
engage in lengthy correspondence with applicants with a view to
completing the information necessary for processing their case.
4. Each application submitted to the Court should therefore contain
all the essential information about the complaints made, and be
accompanied by the necessary supporting documents (in particular
copies of the relevant domestic decisions). This will allow the
Registry to determine the nature and scope of the case at the outset.
In this way, priority cases can be identified at the initial stage.
Similarly, applications with obvious problems of admissibility will be
submitted rapidly to a single judge for decision.
5. A new application form is being prepared. Some of the points in the
current form will simply be deleted. Only their essential personal
data is needed in order to identify with sufficient certainty the
person who is exercising the right of individual application.
6. Applicants must provide the Court with a concise and legible
statement of facts, and be clear in the way they formulate and argue
their complaints. The application form must be complete and filled in
so as to enable the Court to determine from the form alone the nature
and scope of the application. In recognition that there are cases
which are factually and legally complex, additional pages will be
accepted, up to a maximum of 20. If more are used, the Registry may
instruct the applicant to re-submit the application in a shorter form.
7. The previous text of Rule 47 paragraph 5 stated that if an
applicant did not fully comply with the formal requirements, this
"may" result in the application not being examined by the Court. The
new text replaces "may" by "will", creating a new rule that applicants
must observe or face the consequence of their application being
rejected as non-compliant. It is not an inflexible rule, however. It
will not apply where there is an "adequate explanation" for the
failure to present the application in the required form, for example,
an applicant who is in detention may find it practically impossible to
obtain the necessary supporting documentation. In addition a specific
exception is made for applicants seeking interim measures. Lastly, the
Court retains discretion to accept an application even if not
presented in the correct form. These three exceptions will ensure that
the rule does not operate harshly or unjustly. They will however
concern a minority of new applications. For the great majority, the
Registry will systematically apply the new rule.
8. The second key point of the reform concerns the six-month
time-limit. Under present practice, the six-month period can be
interrupted by an incomplete application or a simple letter. Under the
amended rule only an application satisfying the formal requirements
will interrupt the running of time, the relevant date being that of
the postmark on the envelope. Registry staff are under instructions to
examine all new applications promptly, so as to allow applicants a
second chance to introduce their application, where possible. However,
if they re-submit their application outside the six-month period, it
will be referred to the single judge for rejection as inadmissible.
9. Where justified, the Court may consider that the prescribed period
was interrupted on a different date, so as to permit the examination
of the application. This could apply, for example, in case of
administrative error by the Registry, or if the submission of the form
to the Court was unduly delayed through no fault of the applicant.
10. The Court has decided that the new Rule 47 should take effect as
from 1 January 2014. Well in advance of that date, the Court will take
all necessary steps to inform the public appropriately, so that
potential applicants are put on notice of this change to the Court's
long-established practice. It will ensure that the legal profession as
well as civil society organisations are made aware of the change.
11. The new application form will be available in all of the official
languages of the 47 Contracting Parties. The application pack will
also include clear guidance on the new requirements for introducing a
valid application.
. As amended by the Court on 17 June and 8 July 2002, 11 December
2007, 22 September 2008 and 6 May 2013.
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