Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 325the Convention or the Protocols, or a serious issue of general importance.1435 The rules of procedure before the Chambers apply also tothe Grand Chamber proceedings, including the designation of a JudgeRapporteur. 1436i) Legal Representation and legal aidApplications may be initially presented directly by the victim or througha representative. 1437 However, the European Court system requiresmandatory representation after the application has been notified to theContracting State. 1438 The applicant may require leave to present his orher own case, which can be granted by the President of the Chamberonly “exceptionally”. The representative must be an advocate “authorisedto practise in any of the Contracting Parties and resident in theterritory of one of them, or any other person approved by the Presidentof the Chamber”. 1439 He or she must have an adequate understanding ofone of the Court’s languages, unless leave to use a different languageis given by the President of the Chamber, who can also remove an advocateif he or she considers that, because of the circumstances or theconduct, the advocate can no longer represent his or her client.Conscious of its own jurisprudence and of the costs of legal representation,the European Court of Human Rights provides for a legal aidsystem. The decision to grant legal aid is made by the President of theChamber only when it is deemed necessary for the proper conduct ofthe case and the applicant has insufficient means to meet all or partof the costs entailed. The decision to grant legal aid is made eitherfollowing the applicant’s request or proprio motu, from the momentwhen the State concerned has submitted its observations in writing onthe admissibility of the case, or when that deadline has passed. Legalaid, once granted, will cover all stages of the proceedings before theCourt, unless the President finds that the conditions for it are no longerpresent. Applicants who request legal aid must complete a form of declaration,certified by national authorities, stating their income, capitalassets, and any financial commitments in respect of dependants, or anyother financial obligations. 14401435 Article 43 ECHR. See also, Rule 73, ECtHR Rules of Procedure.1436 Rules 50 and 71, ECtHR Rules of Procedure.1437 Rules on representation are enshrined in Rule 36, ECtHR Rules of Procedure.1438 A constant failure, through a long period of time, of the applicant to contact his representativemight lead the Court to rule that s/he has lost interest in the proceedings and to strikethe case off the list. See, Ramzy v. the Netherlands, ECtHR, Application No. 25424/05,Admissibility Decision, 20 July 2010.1439 Rule 36.4(a), ECtHR Rules of Procedure.1440 See, Rules 100 to 105, ECtHR Rules of Procedure.