Communication from the Ministry of Foreign Affairs No. 243 / 1998 Coll.
Communication from the Ministry of Foreign Affairs on the signing of Protocol No 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms amending the control mechanism established therein
Valid
International Treaty
Effective from 01.11.1998
Text versions:
23.10.1998
243
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that Protocol 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms was adopted in Strasbourg on 11 May 1994 and signed on behalf of the Czech Republic, amending the control mechanism established therein.
The Protocol was approved by the Parliament of the Czech Republic and approved by it pursuant to Article 39 (4) of the Constitution of the Czech Republic as an international treaty on human rights and fundamental freedoms within the meaning of Article 10 of the Constitution of the Czech Republic. The President of the Republic has ratified the Protocol.
The instrument of ratification of the Czech Republic was deposited with the Secretary-General of the Council of Europe, depositary of the Protocol, on 28 April 1995.
The Protocol shall enter into force on 1 November 1998 on the basis of Article 4 thereof and shall also enter into force on the Czech Republic.
The Czech translation of Protocol 11 shall be published simultaneously.
PROTOCOL 11
to the Convention on the Protection of Human Rights and Fundamental Freedoms amending the control mechanism established therein
Member States of the Council of Europe which have signed this Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, hereinafter referred to as "the Convention ',
Bearing in mind the urgent need to amend the control mechanism established by the Convention in order to maintain and enhance the effectiveness of the protection of human rights and fundamental freedoms, particularly in view of the increase in the number of complaints and the increasing number of Member States of the Council of Europe,
Bearing in mind that it is therefore desirable to amend certain provisions of the Convention to that end, in particular to replace the existing European Commission and the Court of Human Rights with a new permanent Court,
Taking note of Resolution 1, adopted at the European Ministerial Conference on Human Rights, held in Vienna on 19 and 20 March 1985,
Taking note of Recommendation No 1194 (1992) adopted by the Parliamentary Assembly of the Council of Europe on 6 October 1992,
Taking note of the Decision on the reform of the Convention Control Mechanism adopted by the Heads of State or Government of the Council of Europe in the Vienna Declaration on 9 October 1993,
agree on the following:
The current text of Titles II to IV of the Convention (Articles 19 to 56) and Protocol 2, which gives the European Court of Human Rights the power to give opinions, is replaced by the following Title II of the Convention (Articles 19 to 51):
The European Court of Human Rights ("the Court ') is hereby established in order to ensure that the commitments made by the High Contracting Parties in the Convention and the Protocols thereto are fulfilled. The Court of First Instance shall act as a permanent office.
The number of judges forming the Court of First Instance shall be equal to the number of High Contracting Parties.
1. Judges shall have a high moral character and comply with the conditions required for the exercise of high judicial functions or be recognised lawyers.
2. Judges shall meet in the Court of First Instance as private persons.
3. In their term of office, judges may not engage in activities incompatible with their independence and impartiality or with the requirements of a permanent office; any questions raised by the application of this paragraph shall be decided by the Tribunal.
1. The Judges shall be elected by the Parliamentary Assembly for each High Contracting Party by a majority of the votes cast from the list of three candidates submitted by the High Contracting Party.
2. The same procedure shall apply when the Court of First Instance is supplemented in the event of the accession of the new High Contracting Parties and when the occasional vacancies are filled.
1. Judges shall be elected for a term of six years. They may be re-elected. However, the term of office of half the judges elected in the first elections shall end at the end of the third year.
2. Judges whose term of office ends with the expiry of the initial three-year period shall be designated by the Secretary-General of the Council of Europe as soon as they are elected.
3. In order to ensure, as far as possible, that one half of the judges are replaced every three years, the Parliamentary Assembly may decide, before taking any further choice, that the term of office of one or more Judges to be elected shall be different from six years, but not more than nine years and not less than three years.
4. In cases where there is more than one term of office and where the Parliamentary Assembly will proceed in accordance with the preceding paragraph, those periods shall be allocated by drawing lots to the Secretary-General of the Council of Europe immediately after the elections.
5. The Judge who has been elected to replace the Judge whose term of office has not expired shall serve for the remainder of his predecessor's term of office.
6. The term of office of Judges shall end at the age of 70.
7. Judges shall hold office until they are replaced. However, after being replaced, they continue to discuss those cases which they are already considering.
No Judge may be removed from his office unless the other Judges, acting by a two-thirds majority, decide that he has ceased to fulfil the required conditions.
The Tribunal shall have an office whose tasks and organisation shall be laid down in the Rules of Procedure of the Tribunal. The courts are assisted by referees.
Plenum of the Tribunal
(a) elect its chairman and one or two vice-chairmen for a three-year period; they may be re-elected,
(b) establish chambers for a fixed period;
(c) elect the Presidents of the Chambers of the Tribunal; they may be re-elected,
(d) adopt the Rules of Procedure of the Court of First Instance;
(e) elect the Registrar and one or more representatives of the Registrar.
1. The Court of First Instance shall meet in committees composed of three Judges, in chambers composed of seven Judges and in the Grand Chamber composed of 17 Judges. The Chambers of the Tribunal shall establish committees for a fixed period.
2. A member of the Chamber and of the Grand Chamber shall be an ex officio judge elected for the Contracting Party concerned or, if he is not or is unable to meet, a person designated by him to sit as a Judge.
3. The Grand Chamber shall also consist of the President of the Court, Vice-Presidents, Presidents of Chambers and other Judges selected in accordance with the Rules of Procedure of the Court of First Instance. Where the case referred to in Article 43 is referred to the Grand Chamber, the Judge of the Chamber who delivered the judgment may not sit there, except for the President of the Chamber and the Judge who sat for the Contracting Party concerned.
The Committee may, acting unanimously, declare it unacceptable or withdraw from its list of cases an individual complaint lodged pursuant to Article 34 where such a decision may be taken without further examination. This decision is final.
1. Where a decision is not taken pursuant to Article 28, the Board shall decide on the admissibility and on individual complaints lodged pursuant to Article 34.
2. The Senate shall decide on the acceptability and substance of the inter-state complaints lodged pursuant to Article 33.
3. The decision on admissibility shall be taken separately, unless the Court of First Instance decides otherwise in exceptional cases.
If the case before the Chamber raises a serious question concerning the interpretation of the Convention or the Protocols thereto, or if a decision taken by the Chamber on a question before it could conflict with the judgment previously delivered by the Court of First Instance, the Chamber may, at any time before the judgment is delivered, waive jurisdiction in favour of the Grand Chamber, unless either party to the case objects.
Grand Chamber
(a) decide on complaints lodged either under Article 33 or Article 34 if the Chamber has waived its competence under Article 30 or if the case has been referred to it under Article 43; and
(b) examine complaints of opinions submitted pursuant to Article 47.
1. The jurisdiction of the Court of First Instance shall apply to all matters relating to the interpretation and application of the Convention and the Protocols thereto which are brought before the Court of First Instance pursuant to Articles 33, 34 and 47.
2. Disputes concerning the jurisdiction of the Tribunal shall be decided by the Tribunal.
Each High Contracting Party may notify the Court of First Instance of any alleged breach of the provisions of the Convention and of the Protocols to it by another High Contracting Party.
The Court of First Instance may accept complaints from any natural person, non-governmental organisation or group of individuals deemed to be victims as a result of infringements of the rights conferred by the Convention and Protocols thereto by one of the High Contracting Parties. The High Contracting Parties undertake not to prevent the effective exercise of this right.
1. The Court of First Instance may not deal with cases until all national remedies have been exhausted under the generally accepted rules of international law and within six months of the date on which the final decision was taken.
2. The Court of First Instance shall not deal with any individual complaint submitted pursuant to Article 34 which is:
(a) anonymous; or
(b) essentially the same as a complaint before the Court of First Instance or already submitted to another international investigating or conciliation body, and unless it contains any new relevant facts.
3. The Court of First Instance shall declare unacceptable any individual complaint submitted pursuant to Article 34 which it considers incompatible with the provisions of the Convention or of the Protocols to it, manifestly unfounded or an abuse of the right to lodge a complaint.
4. The Tribunal shall reject any complaint which it considers unacceptable under this Article. It may do so at any stage of the proceedings.
1. The High Contracting Party whose national is a complainant shall have the right to make written observations and to attend hearings in all cases pending before the Chamber or the Grand Chamber.
2. The President of the Tribunal may, in the interests of the proper administration of justice, invite any High Contracting Party which is not a party to the proceedings or any person concerned who is not a complainant to submit written observations or to attend a hearing.
1. At any stage of the procedure, the Tribunal may decide to remove a complaint from its list of cases where the circumstances lead to the conclusion that:
(a) the complainant does not insist on his complaints; or
(b) the matter has already been resolved; or
(c) for any other reason found by the Court of First Instance, it is no longer justified to continue the examination of the complaint.
The Court of First Instance shall, however, continue to examine the complaint if the respect of human rights guaranteed by the Convention and the Protocols thereto so requires.
2. The Tribunal may decide to return the complaint to its list of cases if it considers that the circumstances justify such a move.
(1) If the Court of First Instance considers the complaint admissible,
(a) in order to establish the facts, the case shall continue to be dealt with jointly with the representatives of the Parties and, if necessary, conduct an investigation which the participating States shall provide with all the necessary means for effective implementation;
(b) provide all-round assistance to stakeholders in order to achieve a friendly settlement on the basis of respect for human rights, as provided for by the Convention and the Protocols thereto.
2. The procedure referred to in paragraph 1 (b) shall be confidential.
If an amicable settlement is reached, the Court of First Instance shall remove the case from its list in the form of a decision which shall be limited to a brief presentation of the facts and the solution adopted.
1. Hearings shall be open to the public unless the Court of First Instance decides otherwise in exceptional circumstances.
2. Documents deposited with the Registrar shall be accessible to the public unless the President of the Tribunal decides otherwise.
Where the Court of First Instance finds that an infringement of the Convention or of the Protocols has taken place, and where the national law of the High Contracting Party concerned permits only partial redress, the Court of First Instance shall, if necessary, grant the injured party a fair satisfaction.
The judgments of the Chamber shall become final in accordance with the provisions of Article 44 (2).
1. Within three months of the date of the judgment of the Chamber, the parties to the case may, in exceptional cases, request the referral of the case to the Grand Chamber.
2. The College of Five Judges of the Grand Chamber shall comply with the request if the case raises a serious question concerning the interpretation or application of the Convention or Protocols to it or a serious problem of general importance.
3. If the jury accepts the request, the Grand Chamber shall decide on the case in the form of a judgment.
(1) The judgment of the Grand Chamber shall be final.
2. The judgment of the Senate shall become final,
(a) as soon as the parties declare that they will not request the referral of the case to the Grand Chamber; or
(b) after the expiry of the three-month period from the date of the judgment, where no request for referral to the Grand Chamber has been made; or
(c) once the College of Judges of the Grand Chamber has rejected the application pursuant to Article 43.
3. The final judgment shall be published.
1. Judgments and decisions on the admissibility or inadmissibility of a complaint shall be justified.
2. If the judgment or part thereof does not express the unanimous opinion of the Judges, each Judge shall be entitled to add his or her different opinion to it.
1. The High Contracting Parties undertake to comply with the final judgment of the Court of First Instance in all cases to which they are parties.
2. The final judgment of the Court of First Instance shall be served on the Committee of Ministers, which shall oversee its execution.
1. The Court of First Instance may, at the request of the Committee of Ministers, give opinions on legal matters relating to the interpretation of the Convention and the Protocols thereto.
2. Such opinions shall not concern matters relating to the content or scope of the rights or freedoms set out in Title I of the Convention or in the Protocols thereto, or any other matter which the Tribunal or the Committee of Ministers may consider as a result of any procedure which may be initiated in accordance with the Convention.
3. The decision of the Committee of Ministers to request the opinion of the Court of First Instance shall require a majority of the votes of the representatives authorised to sit in the Committee.
The Court of First Instance shall decide whether a request for an opinion made by the Committee of Ministers falls within its competence under Article 47.
1. The Court of First Instance shall state the reasons for its judgment.
2. If the opinion does not fully or partially express the unanimous opinion of the Judges, each Judge shall have the right to add his or her own opinion to it.
The judgments of the Court of First Instance shall be forwarded to the Committee of Ministers.
The Court's expenses shall be borne by the Council of Europe.
The Judges shall enjoy, during the performance of their duties, the privileges and immunities referred to in Article 40 of the Statute of the Council of Europe and in agreements concluded on the basis thereof. ';
(1) Title V of the Convention becomes Title III of the Convention; Article 57 of the Convention becomes Article 52 of the Convention; Articles 58 and 59 of the Convention are deleted and Articles 60 to 66 of the Convention become Articles 53 to 59 of the Convention.
(2) Title I of the Convention is called "RIGHTS AND FREEDOM" and the new Title III of the Convention is called "MISCELLANEOUS PROVISIONS." Articles 1 to 18 and the new Articles 52 to 59 of the Convention shall bear the headings set out in the Annex to this Protocol.
3. In the new Article 56 (1), the words "as referred to in paragraph 4 of this Article 'shall be inserted after the words" will'; in paragraph 4, the words "the Commission to accept complaints' and" pursuant to Article 25 of this Convention 'are replaced by the words "the Court of First Instance to receive complaints' and" the provisions of Article 34 of the Convention '; In the new Article 58 (4), "as provided for in Article 63' is replaced by" Article 56 '.
4. The Protocol to the Convention shall be amended as follows:
(a) the articles shall bear the headings set out in the Annex to the existing Protocol;
(b) in the last sentence of Article 4, "Article 63" is replaced by "Article 56."
5. Protocol 4 is amended as follows:
(a) the articles shall bear the headings set out in the Annex to the existing Protocol;
(b) in Article 5 (3), "Article 63" is replaced by "Article 56"; the following paragraph 5 is inserted:
"5. Any State which has made a declaration in accordance with paragraph 1 or 2 of this Article may at any time later declare on behalf of one or more of the territories to which the declaration relates that it recognises the jurisdiction of the Court of First Instance to receive complaints from individuals, non-governmental organisations or groups of individuals pursuant to Article 34 of the Convention in respect of Articles 1 to 4 of this Protocol or any of them. ';
(c) paragraph 2 of Article 6 shall be deleted.
6. Protocol 6 is amended as follows:
(a) the articles shall bear the headings set out in the Annex to the existing Protocol;
(b) in Article 4, "Article 64" is replaced by "Article 57."
7. Protocol 7 is amended as follows:
(a) the articles shall bear the headings set out in the Annex to the existing Protocol;
(b) in Article 6 (4), "Article 63" is replaced by "Article 56" and the following paragraph 6 is inserted:
'6. Any State which has made a declaration in accordance with paragraph 1 or 2 of this Article may at any time later declare on behalf of one or more of the territories to which the declaration relates that it recognises the jurisdiction of the Court of First Instance to receive complaints from individuals, non-governmental organisations or groups of individuals pursuant to Article 34 of the Convention in respect of Articles 1 to 5 of this Protocol or any of them. ';
(c) paragraph 2 of Article 7 shall be deleted.
8. Protocol 9 is deleted.
1. This Protocol shall be open to signature by the Member States of the Council of Europe which have signed the Convention and which may express their consent to be bound by it.
(a) by signature without reservation of ratification, acceptance or approval; or
(b) by signature, subject to ratification, acceptance or approval followed by ratification, acceptance or approval.
2. The instruments of ratification or acceptance or approval shall be deposited with the Secretary-General of the Council of Europe.
This Protocol shall enter into force on the first day of the month following the expiry of one year from the date on which all Parties to the Convention have expressed their agreement to be bound by the Protocol in accordance with the provisions of Article 3. Election of new Judges may take place and any further necessary steps to establish a new Tribunal may be taken in accordance with the provisions of this Protocol as from the date on which all Parties to the Convention have expressed their consent to be bound by the Protocol.
(1) The term of office of the Judges, Members of the Commission, the Registrar and the Deputy Registrar shall expire on the date of entry into force of this Protocol, without prejudice to paragraphs 3 and 4 below.
2. Complaints which were not declared admissible by the Commission at the date of entry into force of this Protocol shall be dealt with by the Court of First Instance in accordance with the provisions of this Protocol.
3. The complaints declared acceptable at the date of entry into force of this Protocol shall be addressed by the members of the Commission within a period of one year thereafter. Any complaint whose examination has not been completed within that period shall be forwarded to the Court of First Instance, which shall deal with those complaints as acceptable in accordance with the provisions of this Protocol.
4. With regard to complaints for which a report has been adopted by the Commission following the entry into force of this Protocol in accordance with the original Article 31 of the Convention, that report shall be forwarded to the parties not authorised to publish it. The case may be referred to the Tribunal in accordance with the provisions applicable before the entry into force of this Protocol. The College of Judges of the Grand Chamber shall determine whether one of the Chambers or the Grand Chamber shall decide on the case. If the Senate decides the case, its decision is final. Cases which have not been forwarded to the Court of First Instance shall be dealt with by the Committee of Ministers in accordance with the provisions of the original Article 32 of the Convention.
5. Cases pending by the Court of First Instance which have not been decided on the date of entry into force of this Protocol shall be referred to the Grand Chamber of the Tribunal, which shall examine them in accordance with the provisions of this Protocol.
6. The cases discussed by the Committee of Ministers which were not concluded on the date of entry into force of this Protocol under the original Article 32 of the Convention shall be completed by the Committee of Ministers in accordance with this Article.
If The High Contracting Party to the Declaration recognising the competence of the Commission or the jurisdiction of the Court of First Instance under the original Article 25 or 46 of the Convention in respect of matters arising or based on facts arising after such a declaration shall remain in force for the jurisdiction of the Court of First Instance under this Protocol.
The Secretary-General of the Council of Europe shall notify the Member States of the Council of:
(a) any signature;
(b) the deposit of any instrument of ratification or acceptance or approval;
(c) the date of entry into force of this Protocol or any of its provisions in accordance with Article 4;
(d) any other act, notification or communication relating to this Protocol.
They have signed this Protocol in evidence of this signature, which has been duly empowered to do so.
Done at Strasbourg, 11 May 1994, in English and French, both texts being equally authentic, in one copy to be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall send certified copies to all Member States of the Council of Europe.
Annex
Names of articles to be included in the text of the Convention on the Protection of Human Rights and Fundamental Freedoms and its Protocols
| Článek 1 | – Povinnost respektovat lidská práva |
| Článek 2 | – Právo na život |
| Článek 3 | – Zákaz mučení |
| Článek 4 | – Zákaz otroctví a nucené práce |
| Článek 5 | – Právo na svobodu a osobní bezpečnost |
| Článek 6 | – Právo na spravedlivý proces |
| Článek 7 | – Zákaz trestu bez zákona |
| Článek 8 | – Právo na respektování rodinného a soukromého života |
| Článek 9 | – Svoboda myšlení, svědomí a náboženského vyznání |
| Článek 10 | – Svoboda projevu |
| Článek 11 | – Svoboda shromažďování a sdružování |
| Článek 12 | – Právo uzavřít manželství |
| Článek 13 | – Právo na účinné opravné prostředky |
| Článek 14 | – Zákaz diskriminace |
| Článek 15 | – Odstoupení od závazků v případě ohrožení |
| Článek 16 | – Omezení politické činnosti cizinců |
| Článek 17 | – Zákaz zneužití práv |
| Článek 18 | – Ohraničení možnosti omezení práv |
| * * * | |
| Článek 52 | – Žádost generálního tajemníka |
| Článek 53 | – Ochrana zaručených lidských práv |
| Článek 54 | – Pravomoci Výboru ministrů |
| Článek 55 | – Vyloučení jiného způsobu urovnání sporu |
| Článek 56 | – Územní působnost |
| Článek 57 | – Výhrady |
| Článek 58 | – Vypovězení |
| Článek 59 | – Podpis a ratifikace |
| Protokol | |
| Článek 1 | – Ochrana vlastnictví |
| Článek 2 | – Právo na vzdělání |
| Článek 3 | – Právo na svobodné volby |
| Článek 4 | – Územní působnost |
| Článek 5 | – Vztah k Úmluvě |
| Článek 6 | – Podpis a ratifikace |
| Protokol č. 4 | |
| Článek 1 | – Zákaz uvěznění pro dluh |
| Článek 2 | – Svoboda pohybu |
| Článek 3 | – Zákaz vyhoštění státních občanů |
| Článek 4 | – Zákaz kolektivního vyhoštění cizinců |
| Článek 5 | – Územní působnost |
| Článek 6 | – Vztah k Úmluvě |
| Článek 7 | – Podpis a ratifikace |
| Protokol č. 6 | |
| Článek 1 | – Zákaz trestu smrti |
| Článek 2 | – Trest smrti v době války |
| Článek 3 | – Zákaz odstoupení |
| Článek 4 | – Zákaz výhrad |
| Článek 5 | – Územní působnost |
| Článek 6 | – Vztah k Úmluvě |
| Článek 7 | – Podpis a ratifikace |
| Článek 8 | – Vstup v platnost |
| Článek 9 | – Úkoly depozitáře |
| Protokol č. 7 | |
| Článek 1 | – Procesní záruky týkající se vyhoštění cizinců |
| Článek 2 | – Právo na odvolání v trestních věcech |
| Článek 3 | – Odškodnění za nezákonné odsouzení |
| Článek 4 | – Právo nebýt souzen nebo trestán dvakrát |
| Článek 5 | – Rovnost mezi manželi |
| Článek 6 | – Územní působnost |
| Článek 7 | – Vztah k Úmluvě |
| Článek 8 | – Podpis a ratifikace |
| Článek 9 | – Vstup v platnost |
| Článek 10 | – Úkoly depozitáře |
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No 243 / 1998 Coll., on the signing of Protocol No 11 to the Convention on the Protection of Human Rights and Fundamental Freedoms amending the control mechanism established therein |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.10.1998 |
|---|---|
| Effective from | 01.11.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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