3. If the High Contracting Party concerned has not taken satis- factory measures within the prescribed period, the Committee of Ministers shall decide by the majority provided for in paragraph 1 above what effect shall be given to its original decision and shall publish the Report.
4. The High Contracting Parties undertake to regard as binding on them any decision which the Committee of Ministers may take in application of the preceding paragraphs.
Article 33
The Commission shall meet in camera.
Article 341
Subject to the provisions of Article 29, the Commission shall take its decisions by a majority of the members present and voting.
Article 35
The Commission shall meet as the circumstances require. The meetings shall be convened by the Secretary General of the Council of Europe.
Article 36
The Commission shall draw up its own rules of procedure.
Article 37
The secretariat of the Commission shall be provided by the Secretary General of the Council of Europe.
SECTION IV
Article 38
The European Court of Human Rights shall consist of a number of judges equal to that of the Members of the Council of Europe. No two judges may be nationals of the same State.
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Article 39
1. The members of the Court shall be elected by the Consultative Assembly by a majority of the votes cast from a list of persons nomi- nated by the Members of the Council of Europe; each Member shall nominate three candidates, of whom two at least shall be its nationals.
2. As far as applicable, the same procedure shall be followed to complete the Court in the event of the admission of new Members of the Council of Europe, and in filling casual vacancies.
3. The candidates shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence.
Article 401
1. The members of the Court shall be elected for a period of nine years. They may be re-elected. However, of the members elected at the first election the terms of four members shall expire at the end of three years, and the terms of four more members shall expire at the end of six years.
2. The members whose terms are to expire at the end of the initial periods of three and six years shall be chosen by lot by the Secretary General immediately after the first election has been completed.
3. In order to ensure that, as far as possible, one third of the mem- bership of the Court shall be renewed every three years, the Con- sultative Assembly may decide, before proceeding to any subsequent election, that the term or terms of office of one or more members to be elected shall be for a period other than nine years but not more than twelve and not less than six years.
4. In cases where more than one term of office is involved and the Consultative Assembly applies the preceding paragraph, the allocation of the terms of office shall be effected by the drawing of lots by the Secretary General immediately after the election.
5. A member of the Court elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term.
6. The members of the Court shall hold office until replaced. After having been replaced, they shall continue to deal with such cases as they already have under consideration.
1. As amended by Protocol No. 3 entered into force on 21 September
1970.
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1971.
1. As amended by Protocol No. 5 entered into force on 20 December
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