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 decision 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.
Please login to continue reading.
New visitor ?