Chapter V is the first chapter of part 2, encompassing chapters V-VIII. Part 2 aims to establish the dialogic potential on paper of procedures belonging to the (pre-) merits phase listed in section IV.5.4. This chapter is composed of three sections. Section V.1 gives a short introduction to the (pre-)merits phase and its procedures. The following section assesses these procedures in the light of the seven indicators of dialogue developed in section IV.5.6. The conclusion in section V.3 gives an overview of the dialogic potential on paper of the separate procedural steps. Whether this potential indeed materialises in practice is assessed in part 3.

INTRODUCTION TO THE (PRE-)MERITS PHASE AND ITS PROCEDURES

The (pre-)merits phase commences when a completed application form alleging a violation of the Convention reaches the Court and is registered. From that moment onwards, the procedural road of an application and the time required to reach its final destination in the form of a decision or judgment differs widely due to different factors. One factor is that the Court determines the order in which cases are dealt with, based on the importance and urgency of the allegations. The duration of the proceedings also depends on which procedures are applied, considering that procedures such as third-party interventions and hearings are not always employed. Yet another factor is that a case can be considered by different judicial formations: a single judge, committees of three judges, chambers of seven judges and the Grand Chamber of seventeen judges.

Single judges declare inadmissible or strike out an application when the application is straightforward and can be decided without further consideration and materials. Applications decided by this formation are not communicated to the respondent state. If a single judge does not make a decision, he refers the application to a committee or a chamber. Committees are competent to declare inadmissible or strike out an application unanimously, where such decisions can be taken without further examination. They can also declare a case admissible and render a judgment on the merits at the same time if the question underlying the case is subject of well-established case law. A committee can use its competences either before or after a case has been communicated.