Communication from the Ministry of Foreign Affairs No. 41 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of Protocol 9 to the Convention on the Protection of Human Rights and Fundamental Freedoms
Valid
International Treaty
Effective from 01.10.1994
Text versions:
29.02.1996
41
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that Protocol 9 to the Convention for the Protection of Human Rights and Fundamental Freedoms was negotiated in Rome on 6 November 1990)
On behalf of the Czech and Slovak Federal Republic, the Protocol was signed in Strasbourg on 5 February 1992.
The Protocol was approved by the Federal Assembly of the Czech and Slovak Federal Republic and approved by the Federal Assembly of the Czech and Slovak Federal Republic pursuant to Article 36 (3) of the Constitutional Act No. 143 / 1968 Coll., on the Czechoslovak Federation, as an international contract on human rights and fundamental freedoms pursuant to § 2 of the Constitutional Act No. 23 / 1991 Coll., establishing the Charter of Fundamental Rights and Freedoms. The President of the Czech and Slovak Federal Republic has ratified the Protocol. The instrument of ratification was deposited with the depositary, Secretary-General of the Council of Europe, on 7 May 1992.
On 1 January 1993, by letter of the Minister of Foreign Affairs, the Czech Republic notified the Secretary-General of the Council of Europe that, in accordance with the applicable principles of international law, the successor State of the Czech and Slovak Federal Republic was to be considered, with effect from 1 January 1993, to be a Contracting State of Protocol 9 of 6 November 1990. On 30 June 1993 the Committee of Ministers of the Council of Europe at the 496th Meeting of Ministers' Delegates confirmed that the Czech Republic is considered to be a Contracting State of Protocol 9 with effect from 1 January 1993.
Protocol No 9 entered into force on 1 October 1994 on the basis of Article 7 (1) and entered into force on that date for the Czech Republic.
The Czech translation of Protocol No 9 shall be published simultaneously.
PROTOCOL 9
to the Convention on the Protection of Human Rights and Fundamental Freedoms
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),
decide to further improve the procedure laid down by the Convention,
agree on the following:
For the Parties to the Convention bound by this Protocol, the Convention shall be added as set out in Articles 2 to 5.
Article 31 (2) of the Convention shall read as follows:
'2. The report shall be forwarded to the Committee of Ministers; it shall also be delivered to the States concerned and, as regards the complaint submitted pursuant to Article 25, to the complainant. The States concerned and the complainant shall not be entitled to publish it. ';
Article 44 of the Convention shall read as follows:
"Only the High Contracting Parties, the Commission and persons, NGOs or groups of persons who have lodged a complaint pursuant to Article 25 shall have the right to bring the case before the Court of First Instance. '
Article 45 of the Convention shall read as follows:
"The jurisdiction of the Court of First Instance shall apply to all cases concerning the interpretation and application of this Convention which are submitted to it in accordance with Article 48. '.
Article 48 of the Convention shall read as follows:
"1. If the High Contracting Party concerned, if only one or the High Contracting Party concerned, if there are more than one, is subject to the obligations of the Court of First Instance or if this is not the case, then, with the agreement of the High Contracting Party concerned, if only one or the High Contracting Parties concerned, if there are more than one, the case may be referred to the Court of First Instance:
(a) the Commission;
(b) a High Contracting Party whose national is considered to be damaged;
(c) the High Contracting Party which referred the case to the Commission;
(d) the High Contracting Party against which the complaint has been lodged;
(e) the person, non-governmental organisation or group of persons who lodged a complaint with the Commission.
2. Where the case is referred to the Court of First Instance only in accordance with paragraph 1 (e), it shall first be referred to a committee composed of three members of the Court of First Instance. This committee shall meet as a judge ex officio a judge elected to the High Contracting Party against whom the complaint has been lodged or, failing that, a person designated by the High Contracting Party to sit as a Judge. If a complaint has been lodged against more than one High Contracting Party, the number of members of the Committee shall be increased accordingly.
If the case does not raise any serious issue affecting the interpretation or implementation of the Convention and does not require, for other reasons, consideration by the Court of First Instance, the Committee may unanimously decide not to examine the case by the Court of First Instance. In this case, the Committee of Ministers shall decide, in accordance with the provisions of Article 32, whether there has been an infringement of the Convention. ';
1. This Protocol shall be open for signature to 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) a 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.
1. This Protocol shall enter into force on the first day of the month following the expiry of the period of three months from the date on which 10 Member States of the Council of Europe have expressed their consent to be bound by the Protocol in accordance with the provisions of Article 6.
2. For each Member State which subsequently gives its consent to be bound by it, the Protocol shall enter into force on the first day of the month following the expiry of three months from the date of signature or deposit of the instrument of ratification, acceptance or approval.
The Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe of:
(a) any signature;
(b) the deposit of each instrument of ratification, acceptance or approval;
(c) each date of entry into force of this Protocol in accordance with Article 7;
(d) any other act, notification or declaration relating to this Protocol.
They have signed this protocol to prove the signature of the signature duly empowered to do so.
Done at Rome, 6 November 1990, in French and English, both texts being equally authentic, in one copy to be deposited in the archives of the Council of Europe. It shall send certified copies to all Member States of the Council of Europe.
1) Convention on the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols 3, 5 and 8, negotiated on 4 November 1950. Additional Protocol of 20 March 1952, Protocol No 2 of 6 May 1963, Protocol No 4 of 16 September 1963, Protocol No 6 of 28 April 1983 and Protocol No 7 of 22 November 1984 were published under No 209 / 1992 Coll.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 41 / 1996 Coll., on the negotiation of Protocol 9 to the Convention on the Protection of Human Rights and Fundamental Freedoms |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.02.1996 |
|---|---|
| Effective from | 01.10.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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