Grand Chamber may not accept appellation from Justice Minister
 Tbilisi 10:52 - 15.06.16 «GHN»
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An attempt of the Justice Minister of Georgia to appeal against the recent decision of the ECtHR on Merabishvili v. Georgia's case will not be successful. The Grand Chamber possibly will not accept the appellate application. Former Deputy Justice Minister Tina Burjaliani talked about this in her Rustavi 2 televised interview.


"The attempt to send an appellation to the Grand Chamber will be accomplished only with a vain hopes. I can declare with a full responsibility that a big probability is, the Grand Chamber will not accept the application for review. As this case is not a legislative novelty. This case is not the one where the Court discussed any complicated legislative questions. The Court gave a very common, standard estimations to all questions. Only the factual circumstances in the case are grave, "- Tina Burjaliani tells.


For information, an initiation of proceeding before the Grand Chamber takes two different forms - referral and relinquishment.


After a Chamber judgment has been delivered, the parties may request referral of the case to the Grand Chamber and such requests are accepted on exceptional basis. A panel of Judges of the Grand Chamber decide s whether or not the case should be  referred to the Grand Chamber for fresh consideration.

Cases are also sent to the Grand Chamber when relinquished by a Chamber although this is also exceptional. The Chamber to which the case is assigned can relinquish to the Grand Chamber if the case raises a serious question affecting the interpretation of the Convention or if there is a risk of inconsistency with the previous judgment of the Court.



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