'One Can Always Do Better' The Referral Procedure before the Grand Chamber of the European Court of Human Rights

The referral procedure provided for by Article 43 of the European Convention on Human Rights allows a rehearing of cases by the Grand Chamber of the European Court of Human Rights after delivery of a Chamber judgment. The widely criticized procedure was adopted as a political compromise between the proponents of two-tier review and those who considered that a single instance review should suffice. This article discusses how the Court has conducted its review under Article 43. It analyses the judgments issued upon referral in order to identify whether the Court understands the referral procedure as a de novo consideration of the entire case or as a more restricted appeal against the Chamber judgment. It is concluded that the Grand Chamber’s jurisprudence combines elements of both approaches, which leaves the function of Article 43 unclear.