Should a complaint be declared admissible, the President of the ECSR asks the respondent State to make written submissions on the merits of the complaint within a time limit.
States which have accepted the collective complaints procedure may submit comments on any complaints declared admissible against another State.
International organisations of trade unions and employers can make observations on complaints lodged by national organisations of employers and trade unions or by NGOs. The observations submitted are transmitted to the complainant organisation and to the respondent State, which shall be invited to respond to the observations within a time-limit set by the President of the ECSR.
Upon a proposal by the Rapporteur, the President of the ECSR may invite any organisation, institution or person to submit observations (Rule 32A of the Rules). Any observation received by the ECSR is transmitted to the respondent State and to the complainant organisation, which shall be invited to respond to the observations within a time-limit set by the President of the ECSR..
When they consider this appropriate and after consultation with the Rapporteur, the President shall decide that the written procedure is closed. Following the closing of the procedure further documents may only be submitted exceptionally and with good reason.
Written submissions, responses and observations, as well as any other case document transmitted at this stage of the procedure, are also published on the Council of Europe website.
During the examination of the complaint, upon request of one of the parties or on its own initiative, the ECSR may decide to hold a hearing. The hearing is public unless the President decides otherwise.
Third parties, whether States or organisations, may be invited to submit observations or take part in the hearing.
Following deliberation, the ECSR adopts a decision on the merits of the complaint where it decides whether or not one or more Charter provisions have been violated.
The ECSR’s decision on the merits shall be accompanied by reasons and be signed by the President, the Rapporteur and the Executive Secretary. Any separate opinions, dissenting or concurring, shall be appended to the ECSR’s decision.
The report containing the ECSR’s decision on the merits shall be transmitted to the Committee of Ministers. It shall also be transmitted to the complainant organisation and to the respondent State, which shall not be at liberty to publish it until after the Committee of Ministers has adopted a resolution or a recommendation, or no later than four months after it has been transmitted to the Committee of Ministers