TITLE II
THE FUNCTIONING OF THE CHAMBER

Chapter 1
General Rules

Rule 16
The seat of the Chamber

1. The seat of the Chamber shall be in Sarajevo.
2. The Chamber may decide to hold sessions elsewhere if it thinks fit.
3. The Chamber may decide, at any stage of the examination of an application, that it is necessary that an investigation or any other of its functions be carried out elsewhere by it or one or more of its members.

Rule 17
Sessions of the Chamber

1. The Chamber shall determine the number and dates of its sessions.
2. The Chamber shall meet at other times by decision of the President as circumstances may require. It shall also meet if at least one third of its members so request.
3. Members who are prevented by illness or other serious reason from attending all or part of any session of the Chamber or from fulfilling any other duty shall, as soon as possible, give notice thereof to the Registrar who shall inform the President.

Rule 18
Confidentiality of deliberations

1. All deliberations of the Chamber shall be and shall remain confidential. Only the Registrar, members of the Secretariat, interpreters, and persons providing technical or secretarial assistance to the Chamber may be present at its meetings, unless the Chamber decides otherwise.
2. At any stage in the examination of an application, the President of the Chamber, the Vice-President, the Executive Officer and the Registrar may communicate information to the press to an extent compatible with the legitimate interests of the parties and subject to any special directions by the Chamber.

Rule 19
Voting

1. After any deliberations and before a vote is taken on any matter in the Chamber, the President may request members to state their opinions thereon.
2. If the voting is equal, a roll call vote shall then be taken and the President shall have the casting vote.
3. Members shall not abstain when voting on the conclusions of a decision or on the recommendation of the Panel in decisions on request for review..

Rule 20
Records of deliberations and hearings

1. The records of the deliberations shall include a record of the subject of the discussions, the votes taken, the names of those voting for and against a motion and any statements expressly made for insertion therein.
2. The records of hearings shall contain the names of the members present and of any persons appearing; they shall give a brief account of the course of the hearing and of any decision taken.

Rule 21
Safeguards for the impartiality of the members

1. Members shall not take part in the examination of an application before the Chamber, where they:
a) have any personal interest in the case;
b) have participated in any decision on the facts on which the application is based as adviser to any of the parties or as a member of any tribunal or body of enquiry.
2. If, in any case of doubt with regard to paragraph 1 of this Rule, or in any other circumstances which might appear to affect the impartiality of members in their examination of an application, they or the President consider that they should not take part, the Chamber shall decide.

Rule 22
Withdrawal of members

When, for any special reason other than under Rule 21, members consider that they should not take part or continue to take part in the examination of a case, they shall inform the President.

Rule 23
Quorum after withdrawal of members

Any member who, under the provisions of Rule 21 or Rule 22, does not take part in the examination of an application, shall not form part of the quorum during such examination.

Chapter 2
The Plenary Chamber

Rule 24
Applications determined by the Plenary Chamber

The Plenary Chamber shall determine applications:
a) submitted by a party according to Articles II para. 2 and VIII para. 1 of the Agreement;
b) when a Panel has relinquished jurisdiction according to Rule 29 para. 2 of the Rules of Procedure;
c) when the case has been referred to it under Rule 63.

Rule 25
Quorum of the Plenary Chamber

A quorum of the Plenary Chamber shall consist of eight members.

Chapter 3
The Panels

Rule 26
Constitution of the Panels

1. There shall be two Panels set up under Article X para. 2 of the Agreement.
2. The Panels shall be composed of four of the members appointed by the Committee of Ministers of the Council of Europe, two of the members appointed by the Federation of Bosnia and Herzegovina, and one of the members appointed by the Republika Srpska.
3. The Panels shall be constituted for a fixed period as determined by the Chamber.
4. The Chamber may make such special arrangements concerning the constitution of Panels as it sees fit.

Rule 27
Succession of Panel members

When members of a Panel cease to be members of the Chamber before the expiration of the period for which the Panel was constituted, their successors in the Chamber shall succeed them as members of the Panel.

Rule 28
Quorum and meetings of the Panels

1. A quorum of a Panel shall be four members.
2. As a rule, the Panels shall meet during the sessions of the Plenary Chamber.
3. Where circumstances require, a Panel or, when it is not in session, its President upon consultation with the President of the Chamber, may decide that the Panel may meet when the Plenary Chamber is not in session.

Rule 29
Referral of applications to the Plenary Chamber and the Panels

1. Applications shall normally be referred to a Panel in accordance with general guidelines decided on by the Plenary Chamber.
2. Where a case pending before a Panel raises a serious question as to the interpretation of the Agreement or of any of the international agreements referred to in it, or where the resolution of a question before a Panel might have a result inconsistent with previous jurisprudence of the Chamber, the Panel may at any time before taking a final decision relinquish jurisdiction in favour of the Plenary Chamber.
3. The President may decide to refer to the Plenary Chamber any application not yet placed before a Panel for consideration in accordance with Rule 49 which, to her or him,
a) appears to raise a serious question as to the interpretation of the Agreement or of any of the international agreements referred to in it, or
b) appears to require a final decision to be taken without undue delay, or
c) for any other justified reason appears to require such a course.
4. The President may decide proprio motu to transfer from one Panel to another any application not yet placed before a Panel for consideration in accordance with Rule 49, if she or he considers that such action is indicated to prevent the emergence of divergent case law, or to redress an imbalance in workload, or for another reason warranted.
5. For the same reasons as in Rule 29(4), the President may, at any subsequent stage of the proceedings, decide to transfer any application from one Panel to another on the suggestion of the Panel that has already considered the application.