Evolution and modification of the Rules of the European Court of Human Rights

Evolution and modification of the Rules of the European Court of Human Rights

Date: 21/03/2023

Anouk PINAUD

International Justice and Human Rights Researcher

Global Human Rights Defence 

On 20 March 2023, the European Court of Human Rights published a new version of the Rules of Court. The amendments concern third-party intervention and more specifically Article 44 §§ 2 and 3 of the Rules of Court. These amendments were adopted by the Plenary of the Court on 3 March 2023 and came into effect on 20 March 2023. 

Article 36(2) of the ECHR allows the Presidency of the Court to invite, in the interests of the proper administration of justice, any person concerned who is not a party to the proceedings to submit written observations or to take part in the hearing. In other words, “a third-party intervention is the term given to the process by which any person other than the applicant, or another State Party to the European Convention on Human Rights other than that against which the application has been lodged, to intervene in the proceedings” .

The Court may permit States Members to intervene under Article 36 of the Convention and Article 44 of the Rules of Court. Article 44 of the Rules of Courts sets out the conditions that a third-party intervener must meet in order to intervene in proceedings. To be more precise, these amendments concern third-party intervention of the Council of Europe’s Commissioner for Human Rights (Rule 44 § 2) and set out the conditions and deadlines for requests to intervene as a third party both in written procedure and in a hearing before a Chamber (Rule 44 § 3 (b)). 

Now, according to Article 44 § 3 b) of the Rules of Court, requests for authorisations must be reasoned and written in one of the official languages of the Court (French or English). There is also a deadline for submitting an application. From the publication on the Court's official website that the application has been transmitted to the respondent, third-party interveners have twelve weeks to apply for written submissions or four weeks to apply for permission to participate in the hearing.

To give an example of third-party intervention, in the case of Duarte Agostinho and Others v. Portugal and Others, a submission was presented before the ECHR by a group of human rights organisations and academics. This case is the first climate change case before the Court. In this report, the organisations analyse the unique risks of harm faced by children in the context of the climate crisis and the obligations that States have under international law to offer protection. This report sheds light on certain aspects of the request. 

In conclusion, third-party intervention is an essential principle that allows the Court to make decisions in the most objective way. In addition, it allows for the involvement of civil society or other states where the case has cross-border implications.

Sources and further readings:

Press Release, ECHR,  20/03/2023, European Court clarifies third-party intervention: amendments to Rules of Court and new guidelines:
https://hudoc.echr.coe.int/eng-press?i=003-7600927-10455250 

Government Representation before the European Court of Human Rights, Third Party Intervention before the European Court:
https://www.echr.am/en/functions/representation/third-party-intervention.html 

Website article, 16/05/2022, La tierce intervention :
https://www.humanrights.ch/fr/litiges-strategiques/tutoriels/credh-mode-d-emploi/la-tierce-intervention/ 

Blog of the European Journal of International Law, 18/04/2022, “Friends of the court” making the most of Amicus Curiae with UN Treaty Bodies:
https://www.ejiltalk.org/friends-of-the-court-making-the-most-of-amicus-curiae-with-un-treaty-bodies/?utm_source=mailpoet&utm_medium=email&utm_campaign=ejil-talk-newsletter-post-title_2

Amnesty International, 6 May 2021, Written Submission to the European Court of Human Rights in the case of Duarte Agostinho and Others v. Portugal and Others: https://www.amnesty.org/fr/documents/eur01/4092/2021/en/