CONSIDERATION OF APPEAL

C. CONSIDERATION OF APPEAL

g) to consider complaints submitted to it by Parties;

a. the examination of applications submitted under Article 24;

The appeal shall be heard on an expedited basis.

If the examination of a petition has not been completed in accordance with Article 28 (paragraph 2), 29 or 30, the Commission shall draw up a report on the facts and state its opinion as to whether the facts found disclose a breach by the State concerned of its obligations under the Convention.

As a rule, the court of second instance shall decide on the appeals without hearing the parties.

(b) An Appeals Division, a Trial Division and a Pre-Trial Division;

No special appeal shall lie against a decree issued in reference to the direction of the hearing.

All participants of a patrol shall be bound to give statements concerning the complaint procedure.

The proceedings in appeal from decree shall be subject, as appropriate, to the provisions applying to the appeal from judgment, except for the rules on the replication and the hearing before the court of second instance.

(4) The appeal shall be tried pursuant to the provisions governing the appellate procedure within the framework of ordinary court proceedings.

The Commission shall not deal with any petition submitted under Article 25 which:

the decisions announced at the main hearing which are subject to appeal;

2 The Court shall not deal with any application submitted under Article 34 that

Stresses the need for effective measures to reduce the number of clearly inadmissible applications, the need for effective filtering of these applications and the need to find solutions for dealing with repetitive applications;

For the purposes of proceedings under article 81 and this article, the Appeals Chamber shall have all the powers of the Trial Chamber.

In the course of the examination of the complaint, the Committee of Independent Experts may organise a hearing with the representatives of the parties.

No appeal shall be allowable against decisions passed during the preparations for the main hearing and relating to direction and control of the proceedings.

(a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;

c for any other reason established by the Court, it is no longer justified to continue the examination of the application.

A patient should have a possibility to achieve proceedings of his case by a complaint, and if possible to suppress also the error.

c. for any other reason established by the Commission, it is no longer justified to continue the examination of the petition.

The Appellate Body shall address each of the issues raised in accordance with paragraph 6 during the appellate proceeding.

(ii) A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.

The Constitutional Court decides whether to accept a constitutional complaint for adjudication on the basis of criteria and procedures provided by law.

However, the Commission shall continue the examination of a petition if respect for human rights" as defined in this Convention so requires.

(i) a procedure exists to review complaints concerning the operation of such procedures and to take corrective action when a complaint is justified.

When the files relating to the appeal reach the court of second instance, the reporting judge shall prepare a report on the appeal to be considered by the appellate panel.

Members shall treat as confidential information submitted by another Member to the panel or the Appellate Body which that Member has designated as confidential.

Written submissions to the panel or the Appellate Body shall be treated as confidential, but shall be made available to the parties to the dispute.

(3) Complaints about police procedures during mixed patrolling shall be dealt with by the Contracting Party on the state territory of which patrolling was carried out.

(3) The decision of the Enlarged Board of Appeal referred to in paragraph 1(a) shall be binding on the Board of Appeal in respect of the appeal in question.

No special appeal shall be allowable against a decree permitting the reopening of proceedings if thereby the presiding judge has decided to proceed immediately with the hearing of the case.

Noting with deep concern that the number of applications brought before the Court and the deficit between applications introduced and applications disposed of continues to grow;

The hearing before the court of second instance shall begin with the report of the reporting judge describing the facts of the case, without rendering his own opinion on whether the appeal is founded or not.

The Appeals Division shall be composed of the President and four other judges, the Trial Division of not less than six judges and the Pre-Trial Division of not less than six judges.

The chambers may examine petitions submitted under Article 25 of this Convention which can be dealt with on the basis of established case law or which raise no serious question affecting the interpretation or application of the Convention.

(c) the designated official(s) shall afford sympathetic consideration to exporters' grievances and shall render a decision as soon as possible after receipt of the documentation referred to in subparagraph (b).

5.2.8 a procedure exists to review complaints concerning the operation of a conformity assessment procedure and to take corrective action when a complaint is justified.

1 In all cases before a Chamber or the Grand Chamber, a High Contracting Party one of whose nationals is an applicant shall have the right to submit written comments and to take part in hearings.

3 Where a claim is settled by a special tribunal established to deal with social security questions and on which the persons protected are represented, no right of appeal shall be required.

The State concerned or the Prosecutor may appeal to the Appeals Chamber against a ruling of the Pre-Trial Chamber, in accordance with article 82. The appeal may be heard on an expedited basis.

When a writ of summons or an equivalent document had to be transmitted abroad for the purpose of service, under the provisions of the present Convention, and a judgment has been entered against a defendant who has not appeared, the judge shall have the power to relieve the defendant from the effects of the expiration of the time for appeal from the judgment if the following conditions are fulfilled -

(1) The plaintiff may only supply new facts and evidence in the appeal if it has been plausibly demonstrated that he was unable, through no fault of his own, to supply these by the end of the main hearing, and if the procedure has been conducted without a main hearing until the end of the procedure of first instance.

Croatia strengthens the handling of appeals for rejected housing reconstruction applications, eliminates the backlog of existing appeals and makes significant progress with the reconstruction of the remaining properties;

If either party or both parties fail to appear at the hearing, the court shall consider the appeal and render a decision, taking into account primarily the statements contained in the appeal and in the replication.

For these purposes, the Appeals Chamber may remand a factual issue to the original Trial Chamber for it to determine the issue and to report back accordingly, or may itself call evidence to determine the issue.

(1) An independent Joint Supervisory Body shall be set up to hear appeals pursuant to Article 32, and to review the procedures and practices at SELEC to ensure that they comply with the data protection provisions of this Convention.

The EU invites Croatia to strengthen the handling of appeals for rejected housing reconstruction applications, to eliminate the backlog of existing appeals and to make significant progress with the reconstruction of the remaining properties.