Communication from the Ministry of Foreign Affairs No. 179 / 1995 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the General Agreement on the Privileges and Immunities of the Council of Europe, adopted in Paris on 2 September 1949, the Protocol to the General Agreement on the Privileges and Immunities of the Council of Europe, adopted in Strasbourg on 6 November 1952, the Second Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, adopted in Strasbourg on 18 June 1990
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International Treaty
Effective from 28.04.1995
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31.08.1995
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179
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that a General Agreement on the Privileges and Immunities of the Council of Europe was adopted in Paris on 2 September 1949 and a Protocol to the General Agreement on the Privileges and Immunities of the Council of Europe was negotiated in Strasbourg on 6 November 1952.
The Parliament of the Czech Republic agreed to the agreement and Protocol. The Charter on the access of the Czech Republic to the General Agreement on the Privileges and Immunities of the Council of Europe of 2 September 1949 and the Protocol of 6 November 1952 was deposited with the depositary of the Agreement and the Protocol, i.e. the Secretary-General of the Council of Europe, on 28 April 1995.
The Agreement entered into force on 10 September 1952 pursuant to Article 22 thereof and the Protocol entered into force on 11 July 1956, in accordance with its Article 7 (b). Both the Agreement and the Protocol entered into force for the Czech Republic pursuant to Article 7 (ii) of the Protocol on 28 April 1995.
On 28 April 1995, the following were signed on behalf of the Czech Republic in Strasbourg:
Second Protocol to the General Agreement on the Privileges and Immunities of the Council of Europe, negotiated in Paris on 15 December 1956,
Fourth Protocol to the General Agreement on the Privileges and Immunities of the Council of Europe, negotiated in Paris on 16 December 1961
and
Fifth Protocol to the General Agreement on the Privileges and Immunities of the Council of Europe, negotiated in Strasbourg on 18 June 1990.
The Czech Parliament has agreed to the protocols and has ratified them. The instruments of ratification were deposited with the depositary, the Secretary-General of the Council of Europe, on 30 May 1995.
The second Protocol entered into force on 15 December 1956 pursuant to Article 6 (1) and entered into force on 30 May 1995 for the Czech Republic on the same Article (2).
The Fourth Protocol entered into force on 16 December 1961 pursuant to Article 10 (1) and entered into force on 30 May 1995 for the Czech Republic on the same Article (2).
The Fifth Protocol entered into force on 1 November 1991 on the basis of Article 3 (1) and will enter into force on 1 September 1995 for the Czech Republic on the basis of the same Article (2).
Czech translations of the agreement and protocols are announced simultaneously.
GENERAL AGREEMENT
on the privileges and immunities of the Council of Europe
Governments of the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Kingdom of Greece, the Republic of Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of Sweden, the Republic of Turkey and the United Kingdom of Great Britain and Northern Ireland;
Whereas, pursuant to Article 40 (a) of the Statute of the Council of Europe, representatives of the Member States and the Secretariat shall enjoy in the territory of the Member States the privileges and immunities necessary for the performance of their duties;
Whereas, pursuant to paragraph (b) of that Article, the members of the Council of Europe have undertaken to conclude an agreement in order to comply with the provisions of this paragraph;
Whereas the Committee of Ministers has recommended to the governments of the members that they adopt the following provisions;
agree on the following:
Subjectivity - Eligibility
The Council of Europe is a legal person. It has the capacity to conclude contracts, acquire real estate and movable property and dispose of it and appear before courts.
The Secretary-General shall take the necessary measures on these matters on behalf of the Council of Europe.
The Secretary-General shall always cooperate with the competent authorities of the Member States in order to facilitate the proper administration of justice, to ensure compliance with police regulations and to prevent any abuse of the privileges, immunities, exemptions and benefits provided for in this Agreement.
Property, funds and assets
The Council, its assets and assets, wherever they are located and held by anyone, shall enjoy immunity from all types of legal proceedings, unless the Committee of Ministers has expressly surrendered to it in a particular case. However, it is understood that the waiver of immunity does not apply to any measure of forced enforcement of a decision or detention of property.
The Council buildings and rooms are untouchable. Its assets and assets, wherever located and held, are not subject to inspection, seizure, confiscation, expropriation or any other administrative, judicial or legislative intervention.
The archives of the Council and all the documents which belong to it or are in its possession are untouchable wherever they are located.
Not subject to financial control, financial regulations or regulation and financial moratorium of any kind:
(a) the Council may hold any exchange and have accounts in any currency;
(b) the Council may freely transfer its funds from one country to another or within one country and exchange any foreign exchange it holds into any currency;
(c) in exercising its rights under paragraphs (a) and (b), the Council of Europe shall take due account of the requirements of the Government of a Member if it finds that it can satisfy them without prejudice to its interests.
The Council, its assets, revenue and other assets shall be exempt from:
(a) from all direct taxes; However, the Council will not seek exemption from taxes and charges which are in fact merely a substitute for generally useful services;
(b) all customs duties, import and export bans and restrictions on articles intended for its official use; articles imported with such exemption shall not be sold in the territory of the State to which they were brought, except under conditions approved by the Government of that State;
(c) from all customs duties, import and export prohibitions and restrictions as regards its publications.
Connection
The Committee of Ministers and the Secretary-General shall enjoy on the territory of each Member State at least as favourable treatment as that accorded to members of diplomatic offices of any other government as regards their official concentration.
Official correspondence or any other official connection between the Committee of Ministers and the Secretariat shall not be subject to censorship.
Representatives of the Member States within the Committee of Ministers
Representatives of the Member States in the Committee of Ministers shall enjoy, in the performance of their duties and during their travels to and from the meeting point, the following privileges and immunities:
(a) immunity to arrest or otherwise depriving of liberty and to confiscation of personal luggage and immunity to legal proceedings of any kind for oral or written statements, as well as to any acts which they may take in their capacity as an official;
(b) the integrity of all documents and documents;
(c) the right to use the code and to receive documents or correspondence by courier or in sealed baggage;
(d) to themselves and their spouses exempt from immigration restrictions or from reporting to foreigners in the State in which they arrive or pass through in the performance of their duties;
(e) as regards foreign exchange or currency restrictions, the same advantages as those granted to members of diplomatic offices of a comparable status;
(f) as regards personal baggage, the same immunity and benefits as those granted to members of diplomatic offices of comparable rank.
In order to ensure full freedom of speech and full independence in the performance of duties for representatives in the Committee of Ministers, immunity to legal proceedings shall be granted for oral or written statements and for all acts which they shall do in the performance of their duties, even after the persons concerned have ceased to carry out those duties.
Privileges and immunities shall be granted to representatives of the Member States, not for their personal gain, but in order to ensure the independent exercise of their functions in relation to the Committee of Ministers. Therefore, a Member State has not only the right but also the obligation to waive the immunity of its representative in any case where, in the Member State's view, immunity would impede the exercise of justice and can be waived without prejudice to the purpose for which the immunity is granted.
(a) Articles 9, 10 and 11 shall not apply in respect of the authorities of the State of which the person is a citizen or of which he or she has been a representative.
(b) In Articles 9, 10 and 11 and Article 12 (a), the term "representatives" shall include all representatives, alternative representatives, advisers, experts and secretaries of delegations.
Representatives at the Advisory Assembly
The free movement of representatives at the Advisory Assembly and their alternates to and from the meeting shall not be subject to any administrative or other restrictions.
The representatives and their alternates shall be provided with regard to customs duties and shift control (foreign exchange limits):
(a) by their own government, the same advantages as those granted to senior officials travelling abroad on a temporary basis;
(b) by governments of other Member States, the same advantages as those accorded to representatives of foreign governments on temporary business trips abroad.
Representatives of the Advisory Assembly and their alternates shall enjoy immunity from any official interviews, deprivation of liberty and any legal penalty as regards their verbal statements and voting in the performance of their duties.
During the meetings of the Advisory Assembly, the representatives of the Assembly and their alternates, whether or not they are parliamentary Members, shall enjoy:
(a) in the territory of its home State, immunity granted in that State to members of Parliament;
(b) in the territory of all other Member States, immunity to any deprivation of liberty and prosecution.
They shall also enjoy this immunity when travelling to and from the meeting of the Advisory Assembly. Immunity cannot, however, be called when representatives and their alternates have been caught committing, attempting to commit, or immediately after, the offence, or when the Assembly has deprived them of their immunity.
Council officials
In addition to the privileges and immunities referred to in Article 18, the Secretary-General and the Deputy Secretary-General shall enjoy, together with their spouses and minor children, privileges and immunities, exemptions and benefits granted to diplomatic agents in accordance with international law.
The Secretary-General shall designate the categories of officials to whom the provisions of Article 18 shall apply. It will tell the governments of all Member States. The names of officials included in these categories shall be notified regularly to the governments of the Member States.
Officials of the Council of Europe:
(a) they shall enjoy immunity from legal proceedings in respect of oral or written statements, as well as for any acts which they may take within its limits by virtue of their official capacity;
(b) are exempt from taxation of salaries and benefits paid to them by the Council of Europe;
(c) are not subject, together with their spouses and members of their families, to immigration restrictions and reporting of foreigners;
(d) enjoy the same privileges as regards foreign exchange benefits as officials of a similar rank to those assigned to diplomatic offices appointed by the competent government;
(e) enjoy, together with their spouses and members of their families living at their expense, at a time of international crisis in repatriation of the same benefits as diplomatic representatives;
(f) they have the right to import their furniture and uppers duty-free at the time when they first enter the office in the State concerned and to export them duty-free to the State of their permanent residence.
Privileges and immunities shall be granted to officials in the interest of the Council of Europe and not for their personal benefit. The Secretary-General shall have the right and the obligation to waive the immunity of any official in any case where he or she considers that he or she is in a position to obstruct the conduct of justice and that he or she can be surrendered without prejudice to the interests of the Council of Europe. If the Secretary-General and Deputy Secretary-General are involved, they shall have the right to waive the immunity of the Committee of Ministers.
Additional agreements
The Council may conclude additional agreements with a Member State or more than one Member State amending the provisions of this General Agreement in respect of that Member State or those Member States.
Disputes
Any dispute between the Council and private persons concerning supplies, services and immovable property purchased on behalf of the Council shall be submitted to arbitration pursuant to an administrative regulation issued by the Secretary-General and approved by the Committee of Ministers.
Final provisions
This Agreement shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the Council of Europe. The Agreement will enter into force once seven signatories have deposited the instruments of ratification.
However, the signatories agree that, until the entry into force of the Agreement, in accordance with the provisions of the previous paragraph and in order to avoid any delays in the proper functioning of the Council, they will apply the Agreement provisionally from the time of their signature, in accordance with their constitutional rules.
They have signed this General Agreement to prove the signature, which has been duly authorised to do so.
In Paris, on 2 September 1949 in the English and French languages, both texts being equally authentic, in a single copy to be deposited in the archives of the Council of Europe. The Secretary-General shall forward a certified copy to each signatory.
PROTOCOL
to the General Agreement on the privileges and immunities of the Council of Europe
Signatories of the General Agreement on the Privileges and Immunities of the Council of Europe, signed in Paris on 2 September 1949 ("the Agreement '),
Desiring to extend the provisions of the Agreement,
agree on the following:
Any current or future Member State of the Council of Europe which has not signed the Agreement may accede to it and to this Protocol by deposit its instrument of accession with the Secretary-General of the Council of Europe, which shall inform the Council Member States accordingly.
(a) The provisions of Title IV of the Agreement shall apply to representatives participating in meetings of representatives of ministers.
(b) The provisions of Title IV of the Agreement shall apply to representatives (excluding representatives in the Advisory Assembly) who attend meetings convened by the Council of Europe outside the meeting of the Committee of Ministers and representatives of Ministers. However, representatives participating in such meetings may not rely on immunity to arrest and prosecutions if they have been caught committing, attempting to commit, or immediately following the commission of, a crime.
Article 15 The agreements shall apply to representatives of the Advisory Assembly and to their alternates at the time they participate in the meetings of the Advisory Assembly committees and subcommittees, and shall travel to and from the venue of such meetings, whether the Assembly is meeting at that time.
Permanent representatives of the Member States shall enjoy, in the performance of their duties and during their travels to and from the venue of meetings, the privileges, immunities and benefits enjoyed by diplomatic representatives of a comparable position.
Privileges, immunities and immunities shall not be granted to representatives of the Member States for their personal benefit, but for guaranteeing the independent exercise of their duties in relation to the Council of Europe. Therefore, a Member State has not only the right but also the obligation to waive its representative immunity where it would impede the exercise of justice and if it is possible to waive it without prejudice to the purpose for which immunity is granted.
The provisions of Title IV shall not apply in respect of the authorities of the State of which the person is a citizen or of which he or she has been a representative.
(a) This Protocol shall be open for signature to all Member States which have signed the Agreement. The Protocol shall be ratified at the same time as or after ratification of the Agreement. The instruments of ratification shall be deposited with the Secretary-General of the Council of Europe.
(b) This Protocol shall enter into force on the date on which it is ratified by all signatories which have ratified the Agreement at that date, the number of signatories which have ratified the Agreement and the Protocol shall not be less than seven.
(c) For signatories who ratify later, the Protocol shall enter into force on the date of deposit of the instrument of ratification.
(d) For the Member States which acceded to the Agreement and the Protocol in accordance with Article 1, the Agreement and the Protocol shall enter into force:
(i) the date referred to in point (b) where the instrument of access was filed before that date; or
(ii) the date of deposit of the instrument of access in cases where the instrument is deposited on the day following that referred to in point (b).
They have signed this protocol to prove the signature of the signature duly empowered to do so.
Done at Strasbourg, 6 November 1952, in the English and French languages, in a single copy to be deposited in the archives of the Council of Europe, the two texts being equally authentic. The Secretary-General shall send copies to each Government which has signed or acceded to the Protocol.
SECOND PROTOCOL
to the General Agreement on the privileges and immunities of the Council of Europe
Signatories, members of the Council of Europe,
Bearing in mind the provisions of Article 59 of the Convention on the Protection of Human Rights and Fundamental Freedoms ("the Convention '), signed in Rome on 4.11.1950, that members of the European Commission on Human Rights (" the Commission') are entitled to enjoy in the performance of their functions the privileges and immunities referred to in Article 40 of the Statute of the Council of Europe and in agreements concluded for the purpose of fulfilling its provisions,
Recognising the importance of identifying and defining privileges and immunities in the Protocol to the General Agreement on the Privileges and Immunities of the Council of Europe signed on 2 September 1949,
agree on the following:
The members of the Commission shall enjoy the following privileges and immunities in the performance of their duties and during their travel to and from the place of meetings:
(a) immunity to arrest or detain and to confiscation of personal luggage and immunity to proceedings of any kind for oral or written statements, as well as to any conduct taken out of their official capacity;
(b) the integrity of all documents and documents;
(c) exemption for themselves and for their spouses from immigration restrictions or reporting to foreigners in the State in which they arrive or pass through in the performance of their duties.
1. No administrative or other restrictions shall be imposed on the free movement of members of the Commission to and from the place of the Commission meetings.
2. With regard to customs duties and foreign exchange limits, the members of the Commission shall be provided with:
(a) it has the same advantages as those accorded to senior civil servants on business trips abroad;
(b) governments of other Member States have the same advantages as those granted to representatives of foreign governments on business trips.
In order to ensure full freedom of expression and independence in the performance of their duties, they will also be granted immunity from legal proceedings for oral or written statements and for any conduct they conduct in the performance of their duties, even after the persons concerned have ceased to carry out those duties.
Privileges and immunities shall not be granted to members of the Commission for their personal benefit, but for guaranteeing the independent performance of their duties. Only the Commission may waive its immunity. The Commission shall not only have the right but also the obligation to waive the immunity of its Member in any case where it would interfere with the exercise of justice if it can be surrendered without prejudice to the purpose for which the immunity was granted.
This Protocol shall be open for signature to the Member States of the Council of Europe which may become Contracting Parties:
(a) a signature without reservation of ratification; or
(b) signature subject to ratification and subsequent ratification.
The instruments of ratification shall be deposited with the Secretary-General of the Council of Europe.
1. This Protocol shall enter into force as soon as the three Member States of the Council of Europe have signed or ratified it without reservation in accordance with Article 5.
2. For each Member State which signs or ratifies it without reservation, this Protocol shall enter into force on the date of signature or deposit of the instrument of ratification.
The Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe of the date of entry into force of this Protocol and shall communicate to them the names of those Member States which signed it without reservation of ratification or ratification.
In order to prove the undersigned who have been duly empowered to do so, they have signed this Protocol.
Done at Paris, 15 December 1956 in the English and French languages, both texts being equally authentic, in a single copy to be deposited in the archives of the Council of Europe. The Secretary-General shall send copies of this Protocol to each signatory government.
FOUR PROTOCOL
to the General Agreement on the privileges and immunities of the Council of Europe
Signatories, members of the Council of Europe,
Bearing in mind that, pursuant to the provisions of Article 59 of the Convention on the Protection of Human Rights and Fundamental Freedoms ("the Convention '), signed in Rome on 4 November 1950, members of the European Court of Human Rights (" the Court') are entitled, in the performance of their functions, to enjoy the privileges and immunities referred to in Article 40 of the Statute of the Council of Europe and in agreements concluded pursuant to this Article,
Considering that the above privileges and immunities should be specified in the Protocol to the General Agreement on the Privileges and Immunities of the Council of Europe signed in Paris on 2 September 1949,
agree on the following:
For the purposes of this Protocol, the term "judges' shall mean judges elected in accordance with Article 39 of the Convention and appointed ad hoc judges by the State in accordance with Article 43 of the Convention.
The Judges shall enjoy the following privileges and immunities in the performance of their functions and during the course of the journeys performed in the performance of the following functions:
(a) immunity to arrest or detention and to the seizure of personal luggage and immunity to legal proceedings of any kind for oral or written statements and to any acts taken in the performance of their duties;
(b) exemption from restrictions on free movement for themselves and their spouses on departure and arrival from the country of permanent residence, on arrival and residence in the country in which they perform their duties, as well as exemption from immigration restrictions or reporting to aliens in the State in which they arrive or pass through in the performance of their duties.
When travelling in the performance of their duties, judges shall be provided with:
(a) by the Government, the same advantages as those granted to senior civil servants travelling abroad on business trips abroad;
(b) governments of other Member States have the same advantages as those granted to representatives of diplomatic missions.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No 179 / 1995 Coll., on the negotiation of the General Agreement on the Privileges and Immunities of the Council of Europe, adopted in Paris on 2 September 1949, the Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, adopted in Strasbourg on 16 December 1961 and the Fifth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, adopted in Strasbourg on 18 June 1990 |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.1995 |
|---|---|
| Effective from | 28.04.1995 |
| Effective until | - |
| Status | Valid |
Legal Areas:
International law
International public law
The regulation text is for informational purposes only.
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