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Press Release

Press Releases

Labour: Council of Europe confirm Home Office are wrong on the date of the deadline

Labour Press Release


The below was sent to HoC Library research department from Council of Europe upon request

1) Confirms deadline was midnight 17 April in Council of Europe's view

2) Confirms that any appeal received after deadline would be ruled out of order and not accepted

"Good afternoon,

It is for the European Court to decide whether it accepts or not a request for referral to the Grand Chamber. The panel of the Court checks beforehand if the conditions are met and does not have to give reason for a refusal. You will find below the rule applicable:

Rule 73 - Request by a party for referral of a case to the Grand Chamber 1. In accordance with Article 43 of the Convention, any party to a case may exceptionally, within a period of three months from the date of delivery of the judgment of a Chamber, file in writing at the Registry a request that the case be referred to the Grand Chamber. The party shall specify in its request the serious question affecting the interpretation or application of the Convention or the Protocols thereto, or the serious issue of general importance, which in its view warrants consideration by the Grand Chamber.

2. A panel of five judges of the Grand Chamber constituted in accordance with Rule 24 § 5 shall examine the request solely on the basis of the existing case file. It shall accept the request only if it considers that the case does raise such a question or issue. Reasons need not be given for a refusal of the request.

3. If the panel accepts the request, the Grand Chamber shall decide the case by means of a judgment

The Othman case was supposed to become final on 17/04/2012 and according to the information provided by the European Court, the applicant requested a referral to the Grand Chamber on the 17/04. So I would say that it just in time but of course the Court (panel) may decide otherwise.

I hope this can be helpful"





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