ECtHR Updates Rules of the Court and Issues New Practice Directions
1 July 2024 // Published in printed Issue 1/2024
andras_csuri_1fc5ccbce0.jpg Dr. András Csúri

In the first quarter of 2024, the ECtHR implemented several procedural reforms. They were adopted by the Plenary Court in December 2023 and February 2024, respectively.

On 22 January 2024, the ECtHR incorporated changes to Rule 28 by expressly codifying the existing practice according to which the parties to the proceedings may request recusal of a judge. Rule 28 implements the principle of judicial impartiality. The updated rule is accompanied by a Practice Direction (issued on the same day by the President of the Court). It further clarifies the procedures provided for in Rule 28, which ensures that parties can practically and effectively raise any concerns about the impartiality of a judge and the procedure to be followed in such instances. To ensure the fullest possible transparency and accessibility, a complete list of the different judicial formations operating within each of the five ECtHR Sections, including the list of single judges designated by State, were also made available on the Court’s website.

On 28 March 2024, the Court also published amendments to Rule 39 on interim measures. They aim to clarify and codify the existing practice on interim measures. Inter alia, explicit reference is made to the fact that interim measures are applicable in cases where there is “an imminent risk of irreparable harm to a Convention right”.

The new version also explains which decision-making bodies can be seised of interim-measure requests. The accompanying revised Practice Direction now contains detailed guidance as to the substantive and procedural aspects of the Court’s interim-measure procedure, the exceptional circumstances in which these may be granted, and when they may be reconsidered by the Court.

The current version of the amended Rules of Court (version of 28 March 2024) is available on the ECtHR’s website under “Official Texts”.

News Guide

Council of Europe European Court of Human Rights

Author

andras_csuri_1fc5ccbce0.jpg
Dr. András Csúri

Institution:
Vienna University of Economics and Business