The right guaranteed by paragraph 1 is the right guaranteed by Article I-10(2)(a) of the Constitution (cf. also the legal base in Article III-125; and the judgement of the Court of Justice of 17 September 2002, C-413/99 Baumbast, [2002] ECR 709).

To the extent necessary to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having a cross-border dimension, European framework laws may establish minimum rules.

Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.

if a judge or a lay judge has participated in the rendition of judgment who should have been disqualified pursuant to provisions the present Act (clauses 1 to 5 of the first paragraph of Article 70), or who has been excluded by a decree of the presiding judge or the chief judge of the court;

1 No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State.

When a case is referred to the Grand Chamber under Article 43, no judge from the Chamber which rendered the judgment shall sit in the Grand Chamber, with the exception of the President of the Chamber and the judge who sat in respect of the State Party concerned.

If, prior to this Act entering into force, a ruling or a resolution was issued at the first instance in accordance with the provisions of the Administrative Disputes Act with which the procedure before the court of first instance was concluded, the procedure shall be continued in accordance with the previous Act.

In order to enable prosecution to take place, the files, information and exhibits relating to the offence shall be transmitted in accordance with the procedures laid down in Article 6 of the European Convention on Extradition of 13 December 19571. The requesting Member State shall be informed of the prosecution initiated and of its outcome.

c) taking into account the Court's developing case-law, also with a view to considering the conclusions to be drawn from a judgment finding a violation of the Convention by another State, where the same problem of principle exists within their own legal system;

When a case is referred to the Grand Chamber under Article 43, no judge from the Chamber which rendered the judgment shall sit in the Grand Chamber, with the exception of the President of the Chamber and the judge who sat in respect of the High Contracting Party concerned.`

The judgment and the decree by which a small claim procedure has been concluded may be appealed against only on the ground of severe violation of civil procedure provisions referred to in the second paragraph of Article 339 of the present Act and of violation of substantive law.

No one may be sentenced or punished twice for the same criminal offence for which criminal proceedings were dismissed finally, or for which the charge was finally rejected, or for which the person was acquitted or convicted by a final judgement.

If the appeal fails to not indicate the action subject to attack or is not signed by the appellant (incomplete appeal), the court of first instance shall pass an decree ordering the appellant to supplement or sign the appeal within the prescribed period of time.

If the revising court establishes a severe violation of the civil procedure provisions referred to in the first and second paragraph of Article 339 on the ground of which a revision may be lodged, except of those stated in the second and third paragraphs of the present Article, it shall by a decree set aside, in whole or in part, the judgments of the court of second instance and of the court of first instance, or only the judgment of the court of second instance, and remand the case for reconsideration to the same or a different panel of the court of first or of second instance, or to some other competent court.

3 Subject to any decision concerning the distribution referred to in article 14, paragraph 6, any judgement given against the HNS Fund by a court having jurisdiction in accordance with article 39, paragraphs 1 and 3 shall, when it has become enforceable in the State of origin and is in that State no longer subject to ordinary forms of review, be recognized and enforceable in each State Party.

The Supreme Court shall, with a resolution, annul the ruling of the court of first instance if it establishes that an essential violation of provisions on administrative dispute procedures has been committed, and shall return the case to the same court of first instance for a repeat procedure.

(1) An appeal for all reasons referred to in Article 154 of this Act shall be possible to be lodged against a court order which has dismissed a request for judicial protection and against an order which on the basis of a supplemented procedure for talking evidence has amended the decision issued by the misdemeanour authority to the detriment of the perpetrator.

The ordering part of the judgment shall contain the decision by which the court satisfies or dismisses particular claims relating to the main subject of dispute, and the decision on the existence or non-existence of the claim pleaded to be offset (third paragraph of Article 319),

` If no decision is taken under Article 27 or 28, or no judgment rendered under Article 28, a Chamber shall decide on the admissibility and merits of individual applications submitted under Article 34. The decision on admissibility may be taken separately.`

(3) A judgement of refusal shall only affect the parties concerned and shall not prevent the instituting of a new action in respect to the same claim either, by another organisation qualified to institute legal action under the first paragraph of this article or by persons who have legal standing to bring such action to court.

The value of a national currency, in terms of the Special Drawing Right, of a State Party which is a Member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund, in effect at the date of the judgement, for its operations and transactions.

If the court of second instance establishes that a severe violation of civil procedure provisions (Article 339) has occurred, it shall set aside the judgment of first instance by a decree and remand the case to the same court of first instance or to a competent court of first instance for a new main hearing.

(2) The advantage referred to in the preceding paragraph shall be deprived on the basis of a decision or judgement finding the perpetrator liable or suspending the proceedings because the law lays down that no sanction shall be imposed on the perpetrator for committing a misdemeanour, or if a correctional measure was imposed.

(2) A sustaining judgement shall have a general effect, such that any person may refer to a final judgement by which, pursuant to the lawsuit referred to in the preceding paragraph, certain contracts, individual provisions of those contracts or the general terms and conditions of business incorporated in those contracts were declared null and void.

(2) An admonition may also be imposed if the misdemeanour arises from the non-fulfilment of a prescribed obligation or if the misdemeanour resulted in damage, and the perpetrator fulfilled the prescribed obligation, or rectified or compensated the damage caused before the misdemeanour decision or judgement was issued.

(3) If the acquired pecuniary advantage is publicly known (e.g. parking fees at public car parks) and does not exceed SIT 10,000, the specification of the amount of the pecuniary advantage shall be a compulsory element of the operative part of the misdemeanour decision, judgement or order, irrespective of the type of misdemeanour.

For the purposes of Article 6, paragraph 1 and the reservation mentioned under c of Appendix I of the present Convention any act which interrupts or suspends a time limitation validly performed by the authorities of the sentencing State shall be considered as having the same effect for the purpose of reckoning time limitation in the requested State in accordance with the law of that State.

With regard to the third paragraph, it should be noted that in accordance with the case law of the European Court of Human Rights, provision should be made for legal aid where the absence of such aid would make it impossible to ensure an effective remedy (ECHR Judgment of 9. 10. 1979, Airey, Series A, Volume 32, 11).

Where such notification has been made in accordance with the formalities required by the law of the court seized and in such time and in such a manner that the HNS Fund has in fact been in a position effectively to intervene as a party to the proceedings, any judgement rendered by the court in such proceedings shall, after it has become final and enforceable in the State where the judgement was given, become binding upon the HNS Fund in the sense that the facts and findings in that judgement may not be disputed by the HNS Fund even if the HNS Fund has not actually intervened in the proceedings.

In the event that several cases are litigated between the same persons in the same court, or if several cases in which the same person is the opponent of several plaintiffs or several defendants are heard by the same court, the panel may decree that the such cases be jointly heard if this is convenient to speed up the proceedings or to reduce the costs.

This is consistent both with case law of the Court of Justice (Cf. notably case law on the "precautionary principle" in Article 174 (2) TEC (replaced by Article III-233 of the Constitution): judgment of the CFI of 11 September 2002, T-13/99, Pfizer vs. Council, with numerous references to earlier case law; and a series of judgments on Article 33 (ex-39) on the principles of agricultural law, e.g. judgment of the Court of Justice C-265/85, Van den Berg, 1987 ECR 1155:

Member States, institutions, bodies, offices and agencies of the Union and any other natural or legal persons may, in cases and under conditions laid down in the Rules of Procedure, institute third-party proceedings to contest a judgment rendered without their being heard, where the judgment is prejudicial to their rights.

All solutions to matters formally raised under the consultation and dispute settlement provisions of the covered agreements, including arbitration awards, shall be consistent with those agreements and shall not nullify or impair benefits accruing to any Member under those agreements, nor impede the attainment of any objective of those agreements.

e) Unless national law provides to the contrary, any person suffering damage caused by a nuclear incident who has brought an action for compensation within the period provided for in this Article may amend his claim in respect of any aggravation of the damage after the expiry of such period provided that final judgment has not been entered by the competent court.

If the plaintiff seeks to obtain the performance of a certain obligation, and if he has declared, in the action or at a later stage of proceedings, his willingness to accept the performance of another obligation instead of the one which he has claimed in the first place, the court shall bring a judgment to the satisfaction of the claim, in which it shall rule that the defendant will not need to perform the former obligation if he performs the latter one.

Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the case objects.

d) Settlements effected in respect of the payment of compensation out of the public funds referred to in Article 3(b)(ii) and (iii) in accordance with the conditions established by national legislation shall be recognized by the other Contracting Parties, and judgments entered by the competent courts in respect of such compensation shall become enforceable in the territory of the other Contracting Parties in accordance with the provisions of Article 13(d) of the Paris Convention.

if the arbitration award has been rendered due to a criminal offence of an arbitrator, a party` s statutory representative or attorney, the opposing party, or of any other person participating in the arbitration proceedings, or based upon a forged document or upon a document certifying false facts.

Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the protocols thereto or where the resolution of a question before it might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may. at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the case objects.

(a) In the case of embezzlement of public funds or of laundering of embezzled public funds as referred to in articles 17 and 23 of this Convention, when confiscation was executed in accordance with article 55 and on the basis of a final judgement in the requesting State Party, a requirement that can be waived by the requested State Party, return the confiscated property to the requesting State Party;

If the erroneous and/or incomplete determination of the state of facts is due to violation of substantive law and if, therefore, the attacked judgment cannot be modified, the revising court shall by a decree grant to the revision and set aside, in whole or in part, the judgments of the courts of first and second instance, or only the judgment of the court of second instance, or only the judgment of the court of first instance, and remand the case for rehearing to the court of first or of second instance.

When a person has by a final decision been convicted of a criminal offence, and when subsequently his or her conviction has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her.

In this connection, the powers of the Governing Council of the European Central Bank in respect of national central banks shall be the same as those conferred upon the Commission in respect of Member States by Article III-360. If the Court of Justice of the European Union finds that a national central bank has failed to fulfil an obligation under the Constitution, that bank shall be required to take the necessary measures to comply with the judgment of the Court.

Judgement shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

If any procedure in connection with an offence established in accordance with the obligations arising out of Articles 2, 3 and 4 concerns at least two Member States, those States shall cooperate effectively in the investigation, the prosecution and in carrying out the punishment imposed by means, for example, of mutual legal assistance, extradition, transfer of proceedings or enforcement of sentences passed in another Member State.

The judgment dissolving the marriage on the basis of the agreement of spouses may be attacked only for severe violation of civil procedure provision, or if a party` s consent to the motion has been given under duress or upon deception, or if the statutory conditions for the dissolution of a marriage on the basis of agreement of the spouses have not been met.

The higher court shall test the part of the misdemeanour judgement which is challenged by the appeal, but it must also test, ex officio, whether a substantial violation has been committed of the provisions of misdemeanour proceedings referred to in points 1, 5, 6, 7 and 8 of paragraph1 of Article 155, and whether the substantive provisions of the Act or regulation governing the misdemeanour have been violated to the detriment of the accused person (Article 156 of this Act).

Any court in a Member State may ask the Court of Justice to give a preliminary ruling on a matter concerning the interpretation of Articles 1 to 4 and 12 to 16 raised in a case pending before it and involving members or officials of Community institutions or bodies set up in accordance with the Treaties establishing the European Communities, acting in the exercise of their functions, if it considers that a decision on that matter is necessary to enable it to give judgment.

Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

If a revision based on any ground other than those referred to in clause 12 of Article 339 of the present Act is filed simultaneously with, or prior to, a motion to reopen the proceedings submitted pursuant to clauses 5, 6, or 7 of Article 394 of the present Act and based upon a final sentence rendered in the criminal proceedings, the court shall suspend the procedure in motion to reopen the proceedings until the procedure in revision have been finally concluded.