RoP.247

Rule 247 - Fundamental procedural defects

A fundamental procedural defect under Article 81(1) of the Agreement may have occurred, for example, where :

(a) a judge of the Court took part in the decisi on in breach of Article 17 of the Agreement or Article 7 of the Statute ;

(b) a person not appointed as a judge of the Court sat on the panel which took the final decision ;

(c) a fundamental violation of Article 76 of the Agreement occurred in the proceedings which have led to the final decision ;

(d) the decision was made without deciding on a request relevant to that decision ; or

(e) a breach of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms has occurred.