2
my view, the Court ought to have ended its analysis on this conclusion and
proceeded to consider the application for review .
5. Jn spite of tbis negative conclusion, the Court however decided that there
were two ''po ints" which needed clarification"for the avoidance of doubt". By
doing that, the Court does not only implicitly accept the application for
interpretation filed by the Applicant, but does so without explaining why it
focuses on these two '·points" in particular. Equally unclear is the assertion
made in Paragraph 8of the judgment that " it is not important for the Court to
determine the request, since it has already cited what Article 28 ( 1) of the
Protocol and Rule 59 (2) of the Rules provide".
6. The Court further gave clruification on the 90 days Rule contained in Article
28 ( l) of the Protocol by noting that "when deliberations are concluded is an
intemal matter of the Court" and admitted tha t there was a typographical eo-or in
the judgment of 21 June 2013 which resulted in the publication of a
corrigendum.
7. I am of the view that the developments in Paragraphs 8 and 9 of this judgment
are tantamount to "justifications" which should not have been given, especially
with regard to the application of the 90 days rule, the meaning of which remains
up to now ambiguous. 2 The Court should have therefore avoided such
developments.
8. To summarize, the Court, in the instant case, could simply have rejected the
application without going into all the different considerations contained in
paragraphs 7, 8 and 9 of the judgment. ln the examination of similar
applications, which are manifestly unfounded, the Cowi could in the futw·e draw
inspiration from Rule 80 (3) of the Rules of the European Court of Human
Rights which provides that "the original Chamber may decide o[ its own motion
to refuse the request on the ground that there is no reason to warrant considering
it".
II ~Concerning the application for review
9. l do not share the interpretation of paragraphs 2 and 3 of Article 28 of the
Protoco l made by the Court in paragraph 14 of the present judgment. The
expression "without prejudice" used in paragraph 3 of this Article should, in my
2
It should indeed be noted that there is a discrepancy between the English and French
versions of this provision: the English version refers to the comple1ion of lhe «deliberalions»
of the Court while lhe Frcncb version refers to the comp letion of the «instruction» of U1c case,
lbat is to say all the procedural steps (filing of written and oral arguments by the parties)
berorc Lbe matter can actua lly be decided by tlte Court.