Rule 247

Fundamental procedural defects

Rules of Procedure

Part 4 – Procedures before the court of appeal

Chapter 5 – Procedure for Application for rehearing

Rule 247 – Fundamental procedural defects

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

  1. a judge of the Court took part in the decision in breach of Article 17 of the Agreement or Article 7 of the Statute;
  2. a person not appointed as a judge of the Court sat on the panel which took the final decision;
  3. a fundamental violation of Article 76 of the Agreement occurred in the proceedings which have led to the final decision;
  4. the decision was made without deciding on a request relevant to that decision; or
  5. a breach of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms has occurred.

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