MATTHEWS v. THE UNITED KINGDOM JUDGMENT
2
The Commission’s request referred to former Articles 44 and 48 and to
the declaration whereby the United Kingdom recognised the compulsory
jurisdiction of the Court (former Article 46). The object of the request was
to obtain a decision as to whether the facts of the case disclosed a breach by
the respondent State of its obligations under Article 3 of Protocol No. 1,
taken alone or together with Article 14 of the Convention.
2. In response to the enquiry made in accordance with Rule 33 § 3 (d) of
former Rules of Court A1, the applicant stated that she wished to take part in
the proceedings and designated the lawyer who would represent her (former
Rule 30).
3. As President of the Chamber which had originally been constituted
(former Article 43 of the Convention and former Rule 21) in order to deal,
in particular, with procedural matters that might arise before the entry into
force of Protocol No. 11, Mr R. Bernhardt, the President of the Court at the
time, acting through the Registrar, consulted the Agent of the United
Kingdom Government (“the Government”), the applicant’s lawyer and the
Delegate of the Commission on the organisation of the written procedure.
Pursuant to the order made in consequence, the Registrar received the
applicant’s and the Government’s memorials on 20 and 25 August 1998
respectively.
4. After the entry into force of Protocol No. 11 on 1 November 1998
and in accordance with the provisions of Article 5 § 5 thereof, the case was
referred to the Grand Chamber of the Court. The Grand Chamber included
ex officio Sir Nicolas Bratza, the judge elected in respect of the United
Kingdom (Article 27 § 2 of the Convention and Rule 24 § 4 of the Rules of
Court), MrL.Wildhaber, the President of the Court, Mrs E. Palm, VicePresident of the Court, and Mr G. Ress, Mr J.-P. Costa and
Mr M.Fischbach, Vice-Presidents of Sections (Article 27 § 3 of the
Convention and Rule 24 §§ 3 and 5 (a)). The other members appointed to
complete
the
Grand
Chamber
were
Mr L. Ferrari Bravo,
Mr Gaukur Jörundsson, Mr I. Cabral Barreto, Mr W. Fuhrmann,
Mr K. Jungwiert, Mrs N. Vajić, Mr J. Hedigan, Mrs W. Thomassen,
Mrs M. Tsatsa-Nikolovska, Mr T. Panţîru and Mr K. Traja (Rule 24 § 3 and
Rule 100 § 4). Subsequently Sir Nicolas Bratza, who had taken part in
the Commission’s examination of the case, withdrew from sitting in
the Grand Chamber (Rule 28). The Government accordingly appointed
Sir John Freeland to sit as an ad hoc judge (Article 27 § 2 of the Convention
and Rule 29 § 1).
5. At the Court’s invitation (Rule 99), the Commission delegated one of
its members, Mr J.-C. Soyer, to take part in the proceedings before the
Grand Chamber.
1. Note by the Registry. Rules of Court A applied to all cases referred to the Court before
the entry into force of Protocol No. 9 (1 October 1994) and from then until 31 October
1998 only to cases concerning States not bound by that Protocol.