LAWLESS v. IRELAND (No. 2) - 332/57 [1961] ECHR 1

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The Court,

Having regard to the conclusions (1) presented by the Delegates of the
European Commission of Human Rights at the hearing on 7th April 1961;

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(1) Sir Humphrey Waldock, Principal Delegate of the European
Commission of Human Rights, made at the public hearing of
7th April 1961, the following submission:

"May it please the Court to rule that the Delegates of the Commission
are entitled:

(a) to consider as part of the proceedings in the case those written
observations of the Applicant on the Commission's Report contained
in paragraphs 31 to 49 of the Commission's statement of
16th December 1960, as indicated on page 15 of the Court's judgment of
14th November 1960;

(b) to make known to the Court the Applicant's point of view on
any specific points arising in the course of the debates, as indicated
on page 15 of the Court's judgment of 14th November 1960;

(c) to consider the person nominated by the Applicant to be a person
available to give such assistance to the delegates as they may think
fit to request in order to make known to the Court the Applicant's
point of view on any specific points arising in the course of the
debates."

Mr. A. O'Keeffe, acting as Agent of the Irish Government, said
he would leave the matter to the discretion of the Court.
_______________

Taking note of the fact that the Agent of the Irish Government does
not intend to submit conclusions on the matter in question;

Whereas in its judgment of 14th November 1960 the Court declared that
there was no reason at this stage to authorise the Commission to
transmit to it the written observations of the Applicant on the
Commission's Report;

Whereas in the said judgment, of which the French text only is
authentic the Court has recognised the Commission's right to take into
account ("de faire état") the Applicant's views on its own authority, as
a proper way of enlightening the Court;

Whereas this latitude enjoyed by the Commission extends to any other
views the Commission may have obtained from the Applicant in the
course of the proceedings before the Court;

Whereas, on the other hand, the Commission is entirely free to decide
by what means it wishes to establish contact with the Applicant and
give him an opportunity to make known his views to the Commission;
whereas in particular it is free to ask the Applicant to nominate a
person to be available to the Commission's delegates; whereas it does
not follow that the person in question has any locus standi in
judicio;

For these reasons,

Decides unanimously:

With regard to the conclusions under (a), that at the present stage
the written observations of the Applicant, as reproduced in
paragraphs 31 to 49 of the Commission's statement of
16th December 1960, are not to be considered as part of the
proceedings in the case;

With regard to (b) that the Commission has all latitude, in the course
of debates and insofar as it believes they may be useful to enlighten
the Court, to take in account the views of the Applicant concerning
either the Report or any other specific point which may have arisen
since the lodging of the Report;

With regard to (c), that it was for the Commission, when it considered
it desirable to do so, to invite the Applicant to place some person at
its disposal, subject to the reservations indicated above.
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