THE FUNCTIONING OF THE CHAMBER
The seat of the Chamber
1. The seat of
the Chamber shall be in Sarajevo.
2. The Chamber may decide to hold sessions elsewhere if it
3. The Chamber 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.
Sessions of the Chamber
1. The Chamber
shall determine the number and dates of its sessions.
2. The Chamber shall meet at other times by decision of the
President as circumstances may require. It shall also meet
if at least one third of its members so request.
3. Members who are prevented by illness or other serious reason
from attending all or part of any session of the Chamber or
from fulfilling any other duty shall, as soon as possible,
give notice thereof to the Registrar who shall inform the
Confidentiality of deliberations
1. All deliberations
of the Chamber shall be and shall remain confidential. Only
the Registrar, members of the Secretariat, interpreters, and
persons providing technical or secretarial assistance to the
Chamber may be present at its meetings, unless the Chamber
2. At any stage in the examination of an application, the President of the Chamber,
the Vice-President, the Executive Officer and the Registrar
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 Chamber.
1. After any
deliberations and before a vote is taken on any matter in
the Chamber, the President may request members to state their
2. If the voting is equal, a roll call vote shall then be
taken and the President shall have the casting vote.
3. Members shall not abstain when voting on the conclusions of a decision
or on the recommendation of the Panel in decisions on request for review..
Records of deliberations and hearings
1. The records
of the deliberations shall include 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 decision
Safeguards for the impartiality of the members
1. Members shall
not take part in the examination of an application before
the Chamber, 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 Chamber shall decide.
Withdrawal of members
When, for any
special reason other than under Rule 21, members consider
that they should not take part or continue to take part in
the examination of a case, they shall inform the President.
Quorum after withdrawal of members
Any member who,
under the provisions of Rule 21 or Rule 22, does not take
part in the examination of an application, shall not form
part of the quorum during such examination.
The Plenary Chamber
Applications determined by the Plenary Chamber
The Plenary Chamber
shall determine applications:
a) submitted by a party according to Articles II para. 2 and
VIII para. 1 of the Agreement;
b) when a Panel has relinquished jurisdiction according to
Rule 29 para. 2 of the Rules of Procedure;
c) when the case has been referred to it under Rule 63.
Quorum of the Plenary Chamber
A quorum of the
Plenary Chamber shall consist of eight members.
Constitution of the Panels
1. There shall
be two Panels set up under Article X para. 2 of the Agreement.
2. The Panels shall be composed of four of the members appointed
by the Committee of Ministers of the Council of Europe, two
of the members appointed by the Federation of Bosnia and Herzegovina,
and one of the members appointed by the Republika Srpska.
3. The Panels shall be constituted for a fixed period as determined
by the Chamber.
4. The Chamber may make such special arrangements concerning
the constitution of Panels as it sees fit.
Succession of Panel members
of a Panel cease to be members of the Chamber before the expiration
of the period for which the Panel was constituted, their successors
in the Chamber shall succeed them as members of the Panel.
Quorum and meetings of the Panels
1. A quorum of
a Panel shall be four members.
2. As a rule, the Panels shall meet during the sessions of
the Plenary Chamber.
3. Where circumstances require, a Panel or, when it is not
in session, its President upon consultation with the President
of the Chamber, may decide that the Panel may meet when the
Plenary Chamber is not in session.
Referral of applications to the Plenary Chamber and the Panels
shall normally be referred to a Panel in accordance with general
guidelines decided on by the Plenary Chamber.
2. Where a case pending before a Panel raises a serious question
as to the interpretation of the Agreement or of any of the
international agreements referred to in it, or where the resolution
of a question before a Panel might have a result inconsistent
with previous jurisprudence of the Chamber, the Panel may
at any time before taking a final decision relinquish jurisdiction
in favour of the Plenary Chamber.
3. The President may decide to refer to the Plenary Chamber
any application not yet placed before a Panel for consideration
in accordance with Rule 49 which, to her or him,
a) appears to raise a serious question as to the interpretation
of the Agreement or of any of the international agreements
referred to in it, or
b) appears to require a final decision to be taken without
undue delay, or
c) for any other justified reason appears to require such
4. The President may decide proprio motu to transfer from one Panel to another any
application not yet placed before a Panel for consideration in accordance with Rule 49,
if she or he considers that such action is indicated to prevent the emergence of divergent
case law, or to redress an imbalance in workload, or for another reason warranted.
5. For the same reasons as in Rule 29(4), the President may, at any subsequent stage of the
proceedings, decide to transfer any application from one Panel to another on the suggestion of
the Panel that has already considered the application.