governmental entity,12 giving rise to the case in question, 13 the other States Parties are represented by the Commission,14 and they should even be aware of the cases in which the respondent State Party has failed to comply with the rulings made in the proceedings filed against it.15 6. The function of the Court is, let me repeat, to rule interpreting and applying the Convention; in other words, determining the meaning and scope of its provisions – that, since to some extent they may be perceived as obscure or uncertain, may be subject to several possible applications – and endeavoring to ensure that this results in the effective protection of human rights and, if these have been violated, their prompt restoration. 16 7. Evidently, to fulfill this mission, the Court does not have the authority to adjudicate outside or disregarding the law expressed, as far as the Court is concerned, in the Convention. In this regard, it is necessary to respect the principle of public law that authorities may only act within the law, so that, whatever is not regulated, is governed by the internal, domestic and exclusive jurisdiction of the State in question.17 8. Also, and for the same reason, the Court must, on the one hand, proceed only in accordance with what the Convention effectively establishes and not what it would like it to establish and, on the other hand, avoid modifying it, a power assigned expressly to its States Parties.18 Consequently, if the Court does not agree with what a provision of the Convention Art. 55: 1. If a judge is a national of any of the States Parties to a case submitted to the Court, he shall retain his right to hear that case. 2. If one of the judges called upon to hear a case should be a national of one of the States Parties to the case, any other State Party in the case may appoint a person of its choice to serve on the Court as an ad hoc judge. 3. If among the judges called upon to hear a case none is a national of any of the States Parties to the case, each of the latter may appoint an ad hoc judge. 4. An ad hoc judge shall possess the qualifications indicated in Article 52. 5. If several States Parties to the Convention should have the same interest in a case, they shall be considered as a single party for purposes of the above provisions. In case of doubt, the Court shall decide. 12 Art. 44: “Any person or group of persons, or any nongovernmental entity legally recognized in one or more member states of the Organization, may lodge petitions with the Commission containing denunciations or complaints of violation of this Convention by a State Party.” 13 Art. 61(1): “Only the States Parties and the Commission shall have the right to submit a case to the Court.” Art. 35: “The Commission shall represent all the member countries of the Organization of American States.” Art. 57:” The Commission shall appear in all cases before the Court.” 14 Art. 65: “To each regular session of the General Assembly of the Organization of American States the Court shall submit, for the Assembly's consideration, a report on its work during the previous year. It shall specify, in particular, the cases in which a state has not complied with its judgments, making any pertinent recommendations.” 15 Art. 63(1): “If the Court finds that there has been a violation of a right or freedom protected by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party.” 16 “The question whether a certain matter is or is not solely within the jurisdiction of a State is an essentially relative question; it depends upon the development of international relations. Thus, in the present state of international law, questions of nationality are, in the opinion of the Court, in principle within this reserved domain.” Permanent Court of International Justice, Advisory Opinion on Nationality Decrees issued in Tunisia and Morocco (French zone), Series B No. 4, p.24. 17 Protocol No. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms, “Art.1: At the end of the preamble to the Convention, a new recital shall be added, which shall read as follows: “Affirming that the High Contracting Parties, in accordance with the principle of subsidiarity, have the primary responsibility to secure the rights and freedoms defined in this Convention and the Protocols thereto, and that in doing so they enjoy a margin of appreciation, subject to the supervisory jurisdiction of the European Court of Human Rights established by this Convention.” Art. 31: “Recognition of Other Rights. Other rights and freedoms recognized in accordance with the procedures established in Articles 76 and 77 may be included in the system of protection of this Convention.” 18 3