SCN
Superior Courts Network
EUROPEAN COURT OF HUMAN RIGHTS
COUR EUROPEENNE DES DROITS DE L'HOMME
European Court of Human Rights
Operational Rules
of the Superior Courts Network
13 April 2018
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Further to the official launch of the Superior Courts Network ("the Network") on
5 October 2015 in Strasbourg;
Taking note of the Network's Cooperation Charter setting out the general principles
agreed for the management and development of the Network;
Taking into account the respective resources of the European Court of Human Rights
("the European Court") and the Network's member courts;
Building on the lessons learned from the test phase following the launch of the Network,
the Jurisconsult has drawn up the following Operational Rules:
l. Focal Points
L. Each of the Network's member courts shall designate a person to act as its Focal
Point and shall set up a dedicated email address. Superior courts from the same State
may appoint a single Focal Point to represent them.
The European Court shall designate a Focal Point for each State represented in the
Network.
2. The Focal Points must be proficient in at least one of the European Court's two
official languages.
3. The Focal Points shall communicate via a restricted-access website (the Network's
lntranet site).
ll. Principal activities of the Network
4. With a view to ensuring effective exchanges within the Network, the European Court
and the Network's member courts shall provide the Network with relevant information
and respond to formal requests for information made by the European Court and the
member courts.
lll. Provision of information to the Network
lnformation from the European Court
5. One of the Network's main activities is the provision by the Jurisconsult of
information on the European Court's case-law, Convention law and practice and related
matters via the Network's lntranet site.
6. lnformation posted by the Jurisconsult on the Network's lntranet site shall be
drafted in one of the two official languages of the European Court.
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lnformation from the superior courts
7. lnformation submitted by the superior courts does not need to be translated into
one of the European Court's official languages (it should be presented under a descriptive
heading indicating the subject in English or French), with the exception of responses to
formal requests, and information made available by a national court for dissemination
among all of the Network's member courts (see below).
lV. Formal requests for information
8. Formal requests for information shall be made in one of the two official languages.
To ensure their efficient management, they shall be produced using templates and shall
consist of concise, numbered questions. Where necessary, they shall be accompanied by
brief factual information to assist the understanding of the request.
9. Responses shall likewise be drafted in one of the two official languages
Requests from the European Court
10. The European Court attaches considerable importance to contributions to its
comparative-law research from the national courts belonging to the Network.
1L. Requests from the Court to this effect shall be transmitted to the Network's member
courts individually. Where more than one court from the same State is a member, the
courts concerned shall decide which of them is to submit the response.
12. No request may be sent to the courts of the State against which the case giving rise
to the European Court's comparative study has been brought.
13. Each contribution from the national courts belonging to the Network shall be the
sole responsibility of the department producing it and shall not be binding on the court
concerned in the context of its judicial activities.
L4. lt is not necessary to translate into one of the official languages any official domestic
law instruments appended to the contribution.
15. The Jurisconsult will periodically provide the Network member courts with a
compilation of their contributions to the European Court's comparative law research.
Requests submitted to the European Court
16. National courts may also submit requests for information to supplement the
material already posted on the Network's lntranet site.
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17. Formal requests of this nature to the European Court must be limited to questions
concerning the European Court's case-law or practice, where the Jurisconsult's
contribution offers added value in relation to external sources. Since the Jurisconsult
does not have the resources to satisfy all such requests, he shall decide which ones to
dealwith.
18. The European Court's responses shall not be binding on the Court in the context of
its judicial activities and shall be the sole responsibility of the Jurisconsult.
19. No request shall be made to the European Court concerning a case currently pending
before it.
V. Dissemination of information
20. lnformation shall be disseminated via the lntranet site, access to which is restricted
to the Network's member courts.
21. Documents made available by the Jurisconsult shall be accessible to all of the
Network's member cou rts.
22. Since exchanges between the superior courts of a particular State and the European
Court are in principle not open to other national courts belonging to the Network,
contributions for comparative-law surveys are initially submitted to the European
Court on an exclusively bilateral basis between the national court producing them (and
any other superior courts from the same State) and the European Court. Following the
delivery of the relevant decision/judgment of the European Court to which the
comparative contributions relate, a compilation of those contributions can be provided,
in accordance with Rule 15 above, to member courts.
National courts may submit any information they consider particularly relevant to their
Focal Point at the European Court with a proposal to disseminate it among all members
of the Network.
23. While it is not the Network's role to manage communication between national
courts, the contact details of all of the Network's member courts and their Focal Points
shall be accessible on the Network's lntranet site to all of the Network's member courts.
24. The superior courts' Focal Points shall be the custodians of the documents
exchanged. They shall be responsible for circulating information within their respective
institutions.
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Before any documents exchanged by the Network's member courts are disseminated
externally, the information must undergo additional processing in accordance with the
precautionary principle.
Riigikohus
0g -02- 2022
Saadud nr..........,. T : +33 (013 88 41 20 18
EUROPEAN COURT OF HUMAN RIGHTS F : +33 (0)3 88 41 27 92
couR EURopESNNS DEs DRorrs DE L'HoMME www.echr. coe. int
#7243036
The President - Le Pr6sident
Chief Justice Villu Kõve
Supreme Court
Lossi 17
50093 TARTU
ESTONIA
Strasbourg, 28 January 2O22
Dear Chief Justice Kõve,
I acknowledge receipt of your letter of 27 January 2022 and I am delighted to hear that the Supreme
Court of Estonia would like to join the Superior Courts Network (SCN).
To that end, you are therefore invited to appoint your court's Focal Point for the Network, which
Focal Point should then complete and return the attached Entry Form.
On receipt of this form, we will ensure your court's entry into the Network and, notably, to its
secured website in which the exchanges between this Court and the member superior courts take
place and which houses a Knowledge Sharing platform on the Court's case-law. The management of
the Network, and of its secured website, has been entrusted to the Directorate of the Jurisconsult.
I enclose for your ease of reference:
- The Charter of Cooperation of the Network (as amended in November 202L). ln joining the
Network, your Court is considered to have accepted its provisions; and
- The Operational Rules of the Network drawn up by the Jurisconsult. We should like to take this
opportunity to underline the importance this Court attaches to the national courts' contribution to
its comparative work (see Rules 10-15 of the Operational Rules).
We look forward to hearing from you and, especially, to welcoming your court into the Superior
Courts Network in the very near future.
rs stnce rely,
Ö
Robert Spano
Annexes
[By post and by e-mail]
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EUROPEAN COURT OF HUMAN RIGHT9
COUREUROPEENNE DES DROITS DE L'HOMME
European Court of Human Rights
Cooperation Charter
of the
Su perior Cou rts Network
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The member courts of the Superior Courts Network ("the Network"),
Whereas the European Court of Human Rights ("the European Court") and the
national courts of the member States have a shared responsibility for the
implementation of the European Convention on Human Rights ("the Convention");
Aware that the achievement of this objective is assisted by the ongoing rich dialogue
between the European Court and the superior courts of the member States, and that
it would be further advanced by a more structured approach to such dialogue;
Noting the support for the setting up by the European Court of an information
exchange network as expressed at certain high-level intergovernmental conferences
on the Convention system and as reflected in particular in the Brussels Declaration of
March 2075;
Welcoming the official launch of the Network on 5 October 2015 in Strasbourg;
Have agreed the following general principles for the management and development of
the Network:
1. The Network shall be set up with a view to ensuring the effective exchange of
information, between the European Court and the national courts belonging to the
Network, on the case-law of the European Court, Convention law and practice and the
domestic law of States whose superior courts are members of the Network. Other
forms of cooperation may also be envisaged.
2. The Network's restricted-access lntranet site shall offer exclusive access to the
Network's member courts as well as a form of access to other international courts
which have been granted observer status.
lnformation exchanged via the lntranet site shall be neither secret nor confidential
and must not be liable to harm the interests of any of the Network's member courts,
the observers or of any of the parties to proceedings in the event of its dissemination.
3. The Network shall facilitate bilateral exchanges between the European Court and
the national courts belonging to the Network; in principle such exchanges shall not be
open to other national courts belonging to the Network or to the observers. The
Network's lntranet site is not intended as a means of managing communication
between the Network's member courts, the member courts and the observers and/or
between the observers.
4. The functions, powers, judicial independence and impartiality of the different
courts belonging to the Network shall be scrupulously respected.
5. Management of the Network shall be the responsibility of the European Court. To
that end, the Court's Jurisconsult, acting under the authority of the Registrar and the
President of the Court, shall draw up the Network's Operational Rules and, in
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consultation with the Network's member courts, shall amend and supplement them
where necessary to ensure the smooth running of the Network.
SCN
Superior Courts Network
H
EUROPEAN COURT OF HUMAN RIGHTS
COUR EUROPEENNE DES DROITS DE L'HOMME
Entry Form
To be completed by a National Focal Point
You are requested to complete and sign this form and to submit it to the European Court of
Human Rights at
[email protected]
Name/address of the superior court for which you are the Focal Pointl:
First Name:
Last Name:
Job Title of the Focal Point:
E-mail address of the Focal Point
Telephone number of the Focal Point:
Preferred working language (delete as appropriate): English/French
Photo of the Focal Point and copyright-free photo of the superior court 2
Signature of the Focal Point:
I lf you are the Focal Point for more than
one superior court, insert the names/addresses of all courts
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lt is recommended that the photos be in GIF or JPEG (JPG) file format, with a maximum size of 10
Megapixels
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