Skip to main content

Amendment of Rule 39 of the Rules of Procedure of the European Court of Human Rights and the Instructions for Procedures with regard to provisional measures

European Court of Human Rights(hereinafter: Court)has released a new versionRules of Court which includeschanges rule 39. on temporary measures.

Changeswere adopted at the plenary sessionCourt  February 23, 2024 years after consultation with the contracting parties and relevant stakeholders.Stopof these changesis thatexplainand codify existing practice relating to interim measures.

Among other change, a new codified version of Rule 39. explicitly refers to the fact that provisional measures are applied in cases where there is an "imminent risk of irreparable damage in terms of Convention rights". New version rule 39 it also explains which decision-making bodies may be subject to requests for determination temporary measures.

The court also revisedInstructionfor action which follows the newly amended Rule 39, so that it now contains detailed guidance on the substantive and procedural aspects of the proceedingsCourt concerningtemporary measures with the aim of introducing greater clarity and transparency in management this one procedure. The changes also included prescriptionsexceptional circumstances in which temporary measures can be approved as well asresponsiblethe question of when the Court can reconsider them.This instruction isintended for (potential) applicants, theirs representatives, contracting parties and interested parties in general.

Both texts are available on the Court's website and entered into force on 28 March 2024. years.