Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

328 PRACTITIONERS GUIDE No. 12
Referral or relinquishment to the Grand Chamber: A
Chamber may relinquish its jurisdiction to the Grand Chamber,
composed of seventeen judges, when the case before it “raises
a serious question affecting the interpretation of the
Convention or the Protocols thereto, or where a resolution of a
question before the Chamber might have a result inconsistent
with a judgment previously delivered by the Court”, 866 unless
one of the parties to the case objects within one month from
the relinquishment decision. 867 Furthermore, any party may
request the case to be referred to the Grand Chamber within
three months from the Chamber’s judgment. The request will
be examined by a five judge Panel appointed by the Grand
Chamber, which will accept the case only if it raises a serious
question affecting the interpretation of the Convention or the
Protocols, or a serious issue of general importance. 868 The rules
of procedure before the Chambers apply also to the Grand
Chamber proceedings, including the designation of a Judge
Rapporteur. 869
i) Legal Representation and legal aid
Applications may be initially presented directly by the victim or
through a representative. 870 However, the European Court
system requires mandatory representation after the application
has been notified to the Contracting State. 871 The applicant
may require leave to present his or her own case, which can be
granted by the President of the Chamber only “exceptionally”.
866
Articles 30-31 ECHR.
867
See also, Rule 72, ECtHR Rules of Procedure.
868
Article 43 ECHR. See also, Rule 73, ECtHR Rules of Procedure.
869
Rules 50 and 71, ECtHR Rules of Procedure.
870
Rules on representation are enshrined in Rule 36, ECtHR Rules of
Procedure.
871
A constant failure, through a long period of time, of the applicant to
contact his representative might lead the Court to rule that s/he has
lost interest in the proceedings and to strike the case off the list. See,
Ramzy v. the Netherlands, ECtHR, Application No. 25424/05,
Admissibility Decision, 20 July 2010.