ARTICLE 45
ARTICLE 47
Reasons for judgments and decisions
Advisory opinions
1. Reasons shall be given for judgments as well as for decisions
declaring applications admissible or inadmissible.
1. The Court may, at the request of the Committee of Ministers,
give advisory opinions on legal questions concerning the
interpretation of the Convention and the Protocols thereto.
2. If a judgment does not represent, in whole or in part, the
unanimous opinion of the judges, any judge shall be entitled to
deliver a separate opinion.
ARTICLE 46
Binding force and execution of judgments
1. The High Contracting Parties undertake to abide by the final
judgment of the Court in any case to which they are parties.
2. The final judgment of the Court shall be transmitted to the
Committee of Ministers, which shall supervise its execution.
3. If the Committee of Ministers considers that the supervision
of the execution of a final judgment is hindered by a problem of
interpretation of the judgment, it may refer the matter to the Court
for a ruling on the question of interpretation. A referral decision
shall require a majority vote of two-thirds of the representatives
entitled to sit on the committee.
4. If the Committee of Ministers considers that a High
Contracting Party refuses to abide by a final judgment in a case to
which it is a party, it may, after serving formal notice on that Party
and by decision adopted by a majority vote of two-thirds of the
representatives entitled to sit on the committee, refer to the Court
the question whether that Party has failed to fulfil its obligation
under paragraph1.
5. If the Court finds a violation of paragraph 1, it shall
refer the case to the Committee of Ministers for consideration
of the measures to be taken. If the Court finds no violation of
paragraph 1, it shall refer the case to the Committee of Ministers,
which shall close its examination of the case.
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2. Such opinions shall not deal with any question relating to
the content or scope of the rights or freedoms defined in Section I
of the Convention and the Protocols thereto, or with any other
question which the Court or the Committee of Ministers might have
to consider in consequence of any such proceedings as could be
instituted in accordance with the Convention.
3. Decisions of the Committee of Ministers to request an
advisory opinion of the Court shall require a majority vote of the
representatives entitled to sit on the committee.
ARTICLE 48
Advisory jurisdiction of the Court
The Court shall decide whether a request for an advisory opinion
submitted by the Committee of Ministers is within its competence
as defined in Article 47.
ARTICLE 49
Reasons for advisory opinions
1. Reasons shall be given for advisory opinions of the Court.
2. If the advisory opinion does not represent, in whole or in
part, the unanimous opinion of the judges, any judge shall be
entitled to deliver a separate opinion.
3. Advisory opinions of the Court shall be communicated to the
Committee of Ministers.
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