Rules of procedure for a grand chamber

§ 1 In cases considered by a grand chamber of the Supreme Court under section 5 subsection 4 first sentence of the Courts of Justice Act, the Chief Justice participates. The other justices are selected by draw. The draw includes justices who hold office at the time of the hearing. If, at the time of the draw, vacant judicial offices have been announced with a commencement date before the hearing begins, those offices are included in the draw. A justice who is disqualified is excluded. The same applies to a justice who, for valid reasons, requests to be excused from participating in the case. Decisions under the fifth and sixth sentences are made by the Chief Justice.

An acting justice does not participate in the draw under the first paragraph or in the determination of disqualification in a grand chamber under § 5. An acting justice nevertheless participates if the Court would otherwise be composed of ten or fewer justices. Where there is more than one acting justice, their order of precedence is determined by lot.

§ 2 The Chief Justice participates in and presides over the Court in cases considered by a grand chamber. If the Chief Justice is unavailable, the most senior justice acts in his or her place, see section 8 subsection 2 of the Courts of Justice Act.

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

If, after the draw has been conducted, a vacant judicial office is announced and the new justice assumes office before the date of the hearing, that justice is placed last on the reserve list. Where more than one new justice who did not participate in the draw assumes office at the same time, their order of precedence is determined by a separate draw.

§ 4 Counsel are informed of which justices did not participate in the draw and the reason for their exclusion. 

§ 5 A party may, in the ordinary course, object to the participation of a justice in a grand chamber on grounds of disqualification. Where a question of disqualification arises, the justice who is last on the reserve list following the draw shall participate. If a justice selected to participate in a grand chamber is disqualified, or is unavailable for any other reason, the justice who is first on the reserve list will replace that justice.

A justice who has been selected to participate in the case, but who subsequently decides to resign from judicial office before the hearing, participates in any disqualification proceedings in the case until the date of his or her resignation.

§ 6 Where the rescheduling of a case means that the basis for previously granted exemptions from participation no longer exists, or gives rise to new requests for exemption, the Chief Justice makes a new decision under section 1 and a new draw is conducted.