The second set, of proposed changes in this case, relate to interim measures. The Court is in the proces of codifying its practice, also explicitly into the specific Rule 39 on interim measures. Earlier this month, the Plenary Court - so all judges together - provisionally adopted changes to Rule 39. States parties to the ECHR, specific organisations with experience in representing applications and relevant bar associations have now been asked by the Registrar to provide comments before 4 December. Depending on the input received the Court will subsequently amend or adopt the proposed changes. After this, the practice direction on interim measures will also be updated.
According to the Court's press release, the Plenary Court has also decided about the following:
'• Disclosure of the identity of the judges who render the decisions on interim measure requests;
• Maintaining the practice of providing reasons for Rule 39 decisions on an ad hoc basis and
issuing press statements where the circumstances of the cases so require;
• Issuing formal judicial decisions to be sent to the parties;
• Maintaining the established practice of adjourning the examination of the requests for interim measures and requesting the parties to submit information in those circumstances where the situation is not extremely urgent and where the information that the applicants could submit to the Court was not sufficient to enable the Court to examine the request.'
Article 39 currently reads as follows:
'1. The Chamber or, where appropriate, the President of the Section or a duty judge appointed pursuant to paragraph 4 of this Rule may, at the request of a party or of any other person concerned, or of their own motion, indicate to the parties any interim measure which they consider should be adopted in the interests of the parties or of the proper conduct of the proceedings.
2. Where it is considered appropriate, immediate notice of the measure adopted in a particular case may be given to the Committee of Ministers.
3. The Chamber or, where appropriate, the President of the Section or a duty judge appointed pursuant to paragraph 4 of this Rule may request information from the parties on any matter connected with the implementation of any interim measure indicated.
4. The President of the Court may appoint Vice-Presidents of Sections as duty judges to decide on requests for interim measures.'
The proposal for the new text is the following:
'1. The Court may, in exceptional circumstances, whether at the request of a party or of any other person concerned, or of its own motion, indicate to the parties any interim measure which it considers should be adopted. Such measures, applicable in cases of imminent risk of irreparable harm to a Convention right, which, on account of its nature, would not be susceptible to reparation, restoration or adequate compensation, may be adopted where necessary in the interests of the parties or the proper conduct of the proceedings. The Court’s power to decide on requests for interim measures shall be exercised by duty judges appointed pursuant to paragraph 4 of this Rule or, where appropriate, the President of the Section, the Chamber, the President of the Grand Chamber, the Grand Chamber or the President of the Court.
2. Where it is considered appropriate, immediate notice of the measure adopted in a particular case may be given to the Committee of Ministers.
3. A duty judge appointed pursuant to paragraph 4 of this Rule or, where appropriate, the President of the Section, the Chamber, the President of the Grand Chamber, the Grand Chamber or the President of the Court may request information from the parties on any matter connected with the implementation of any interim measure indicated.
4. The President of the Court shall appoint Vice-Presidents of Sections as duty judges to decide on requests for interim measures.'
For more background information and the basics, please consult this factsheet developed by the Court's registry as well as this video. The Rules of Court themselves , information on several specific aspects, as well as translations in a number of languages, can be found on a dedicated page on the Court's website.