Rules of procedure for a grand chamber

§ 1 In cases considered by a grand chamber of the Supreme Court, see section 5 subsection 4 first sentence of the Courts of Justice Act, the Chief Justice participates. The other justices are selected by drawing lots. A justice who is disqualified shall be excluded from the drawing. The same applies to a justice who, for reasonable cause, requests to be excused from participating in the case. Decisions according to the second and third sentences are made by the Chief Justice.

An acting justice does not participate in the drawing of lots according § 1 or in deciding on qualification in a grand chamber under § 5. However, the acting justice participates if the Court’s composition otherwise would consist of ten or fewer judges. If there are multiple acting justices, their order of precedence is determined by drawing lots.

§ 2 The Chief Justice participates and presides over the Court in cases considered by a grand chamber. If the Chief Justice is unavailable, the justice with the longest seniority steps in, see section 8 subsection 2 of the Courts of Justice Act.

§3 The Secretary-General conducts the drawing of lots, and ten justices are selected to participate in a grand chamber. The drawing then continues, ranking the remaining justices on a reserve list. 

§ 4 Counsel are informed about which justices did not participate in the drawing of lots and the reason for this. 

§ 5 A party may normally raise an objection regarding the qualification of a justice in a grand chamber. In the event of a possible disqualification decision, the justice who is last on the reserve list after the drawing will participate. If a justice selected to participate in a grand chamber is found to be disqualified, or is unavailable for another reason, the justice who is first on the reserve list will step in.