my view, the Court ought to have ended its analysis on this conclusion and
proceeded to consider the application for review.
5. In spite of this negative conclusion, the Court however decided that there
were two “points” which needed clarification“for the avoidance of doubt”. By
doing that, the Court does not only implicitly accept the application for
interpretation filed by the Applicant, but does so without explaining why it
focuses on these two “points” in particular. Equally unclear is the assertion
made in Paragraph 8o0f the judgment that “it is not important for the Court to
determine the request, since it has already cited what Article 28 (1) of the
Protocol and Rule 59 (2) of the Rules provide”.
6. The Court further gave clarification on the 90 days Rule contained in Article
28 (1) of the Protocol by noting that “when deliberations are concluded is an
internal matter of the Court’’and admitted that there was a typographical error in
the judgment of 21 June 2013 which resulted in the publication of a
corrigendum.
7. 1am of the view that the developments in Paragraphs 8 and 9 of this judgment
are tantamount to “justifications” which should not have been given, especially
with regard to the application of the 90 days rule, the meaning of which remains
up to now ambiguous. *The Court should have therefore avoided such
developments.
8. To summarize, the Court, in the instant case, could simply have rejected the
application
paragraphs
without going into all the different considerations contained in
7, 8 and 9 of the judgment. In the examination of similar
inspiration
from
applications, which are manifestly unfounded, the Court could in the future draw
Rule
80 (3) of the Rules
of the European
Court
of Human
Rights which provides that “the original Chamber may decide of its own motion
to refuse the request on the ground that there is no reason to warrant considering
wa99
it”,
II -Concerning the application for review
9. 1 do not share the interpretation of paragraphs 2 and 3 of Article 28 of the
Protocol
made
by
the
Court
in paragraph
14 of the present judgment.
The
expression “without prejudice” used in paragraph 3 of this Article should, in my
It should indeed be noted that there is a discrepancy between the English and French
versions of this provision: the English version refers to the completion of the «deliberations»
of the Court while the French version refers to the completion of the «instruction» of the case,
that is to say all the procedural steps (filing of written and oral arguments by the parties)
before the matter can actually be decided by the Court.