The Commission (Pre-1998)
Gatekeeping and filtering role
Fact-finding on the ground
Friendly settlements as mediator
Abolished by Protocol 11
Decisions still relevant (s.2 HRA)
*Case: Glimmerveen v Netherlands* (Art 17)
*Case: Sutherland v UK* (friendly settlement)
The Court
First sat 1959, Strasbourg
Originally part-time, now permanent
Art 19: ensure state compliance
Judicial Formations
Single Judge (Art 27)
Inadmissibility decisions only
Committee of 3 (Art 28)
Admissibility and repetitive cases
Chamber of 7 (Art 29)
Admissibility and merits
Workhorse of the Court
Grand Chamber of 17
Authoritative leading judgments
Only ~5% of referral requests succeed
Judges and Composition
One judge per state, sit individually
9-year non-renewable term
Elected by Parliamentary Assembly
Respondent state judge always sits
Grand Chamber and Finality
Relinquishment (Art 30)
Serious question or inconsistency
Parties' veto abolished (Protocol 15)
Referral (Art 43)
Within 3 months of chamber judgment
Exceptional cases only
Panel of 5 GC judges decides
Finality (Art 44)
GC judgments always final
Chamber: final after 3 months