identifier: ETS No. 019

reference: ETS No. 019

title: European Convention on Establishment

text: European Treaty Series - No. 19

text: European Convention on Establishment, and Protocol thereto

text: Paris, 13.XII.1955

text: The governments signatory hereto, being members of the Council of Europe,

text: Considering that the aim of the Council of Europe is to safeguard and to realise the ideals and principles which are the common heritage of its members and to facilitate their economic and social progress;

text: Recognising the special character of the links between the member countries of the Council of Europe as affirmed in conventions and agreements already concluded within the framework of the Council such as the

text: Convention for the Protection of Human Rights and Fundamental Freedoms

text: signed on 4th November 1950, the Protocol to this Convention signed on th 20 March 1952, the European Convention on Social and Medical Assistance and the two European Interim Agreements on Social Security signed on 11th December 1953;

text: Being convinced that, by the conclusion of a regional convention, the establishment of common rules for the treatment accorded to nationals of each member State in the territory of the others may further the achievement of greater unity;

text: Affirming that the rights and privileges which they grant to each other's nationals are conceded solely by virtue of the close association uniting the member countries of the Council of Europe by means of its Statute;

text: Noting that the general plan of the Convention fits into the framework of the organisation of the Council of Europe,

text: Have agreed as follows:

text: Chapter I – Entry, residence and expulsion

text: Each Contracting Party shall facilitate the entry into its territory by nationals of the other Parties for the purpose of temporary visits and shall permit them to travel freely within its territory except when this would be contrary to ordre public, national security, public health or morality.

text: Article 1

text: Subject to the conditions set out in

text: Article 1

text: of this Convention, each Contracting Party shall, to the extent permitted by its economic and social conditions, facilitate the prolonged or permanent residence in its territory of nationals of the other Parties.

text: ETS 19 – Establishment, 13.XII.1955 __________________________________________________________________________________

text: Article 2

text: Nationals of any Contracting Party lawfully residing in the territory of another Party may be expelled only if they endanger national security or offend against ordre public or morality.

text: Except where imperative considerations of national security otherwise require, a national of any Contracting Party who has been so lawfully residing for more than two years in the territory of any other Party shall not be expelled without first being allowed to submit reasons against his expulsion and to appeal to, and be represented for the purpose before, a competent authority or a person or persons specially designated by the competent authority.

text: Nationals of any Contracting Party who have been lawfully residing for more than ten years in the territory of any other Party may only be expelled for reasons of national security or if the other reasons mentioned in paragraph 1 of this article are of a particularly serious nature.

text: Article 3

text: Chapter II – Exercise of private rights

text: Subject to the conditions set out in

text: Article 1

text: Article 4

text: Notwithstanding

text: Article 4

text: of this Convention, any Contracting Party may, for reasons of national security or defence, reserve the acquisition, possession or use of any categories of property for its own nationals or subject nationals of other Parties to special conditions applicable to aliens in respect of such property.

text: Article 5

text: any Contracting Party which has reserved for its nationals or, in the case of aliens including those who are nationals of other Parties, made subject to regulations the acquisition, possession or use of certain categories of property, or has made the acquisition, possession or use of such property conditional upon reciprocity, shall, at the time of the signature of this Convention, transmit a list of these restrictions to the Secretary General of the Council of Europe indicating which provisions of its municipal law are the basis of such restrictions. The Secretary General shall forward these lists to the other signatories;

text: after this Convention has entered into force in respect of any Contracting Party, that Contracting Party shall not introduce any further restrictions as to the acquisition, possession or use of any categories of property by nationals of the other Parties, unless it finds itself compelled to do so for imperative reasons of an economic or social character or in order to prevent monopolisation of the vital resources of the country. It shall in this event keep the Secretary General fully informed of the measures taken, the relevant provisions of municipal law and the reasons for such measures. The Secretary General shall communicate this information to the other Parties.

text: Apart from cases relating to national security or defence,

text: Each Contracting Party shall endeavour to reduce its list of restrictions for the benefit of nationals of the other Parties. It shall notify the Secretary General of any such changes and he shall communicate them to the other Parties. Each Party shall also endeavour to grant to nationals of other Parties such exemptions from the general regulations concerning aliens as are provided for in its own legislation.

text: Article 6

text: Chapter III – Judicial and administrative guarantees

text: Nationals of any Contracting Party shall enjoy in the territory of any other Party, under the same conditions as nationals of the latter Party, full legal and judicial protection of their persons and property and of their rights and interests. In particular they shall have, in the same manner as the nationals of the latter Party, the right of access to the competent judicial and administrative authorities and the right to obtain the assistance of any person of their choice who is qualified by the laws of the country.

text: Article 7

text: Nationals of any Contracting Party shall be entitled in the territory of any other Party to obtain free legal assistance under the same conditions as nationals of the latter Party.

text: Indigent nationals of a Contracting Party shall be entitled to have copies of actes de l'état civil issued to them free of charge in the territory of another Contracting Party in so far as these are so issued to indigent nationals of the latter Contracting Party.

text: Article 8

text: No security or deposit of any kind may be required, by reason of their status as aliens or of lack of domicile or residence in the country, from nationals of any Contracting Party, having their domicile or normal residence in the territory of a Party, who may be plaintiffs or third parties before the Courts of any other Party.

text: The same rule shall apply to the payment which may be required of plaintiffs or third parties to guarantee legal costs.

text: Orders to pay the costs and expenses of a trial imposed upon a plaintiff or third party who is exempted from such security, deposit or payment in pursuance either of the preceding paragraphs of this article or of the law of the country in which the proceedings are taken, shall without charge, upon a request made through the diplomatic channel, be rendered enforceable by the competent authority in the territory of any other Contracting Party.

text: Article 9

text: Chapter IV – Gainful occupations

text: Each Contracting Party shall authorise nationals of the other Parties to engage in its territory in any gainful occupation on an equal footing with its own nationals, unless the said Contracting Party has cogent economic or social reasons for withholding the authorisation. This provision shall apply, but not be limited, to industrial, commercial, financial and agricultural occupations, skilled crafts and the professions, whether the person concerned is self-employed or is in the service of an employer.

text: Article 10

text: Nationals of any Contracting Party who have been allowed by another Party to engage in a gainful occupation for a certain period may not, during that period, be subjected to restrictions not provided for at the time the authorisation was granted to them unless such restrictions are equally applicable to nationals of the latter Party in similar circumstances.

text: Article 11

text: they have been lawfully engaged in a gainful occupation in that territory for an uninterrupted period of five years;

text: they have lawfully resided in that territory for an uninterrupted period of ten years;

text: they have been admitted to permanent residence.

text: Nationals of any Contracting Party lawfully residing in the territory of any other Party shall be authorised, without being made subject to the restrictions referred to in

text: Article 10

text: of this Convention, to engage in any gainful occupation on an equal footing with nationals of the latter Party, provided they comply with one of the following conditions:

text: Any Contracting Party may, at the time of signature or of deposit of its instrument of ratification of this Convention, declare that it does not accept one or two of the conditions mentioned above.

text: Such Party may also, in accordance with the same procedure, increase the period laid down in paragraph 1.a of this article to a maximum of ten years, provided that after the first period of five years renewal of an authorisation may in no case be refused in respect of the occupation pursued up to that time nor may such renewal be conditional upon any change in that occupation. It may also declare that it will not in all cases automatically grant the right to change from a wage-earning occupation to an independent occupation.

text: Article 12

text: Any Contracting Party may reserve for its own nationals the exercise of public functions or of occupations connected with national security or defence, or make the exercise of these occupations by aliens subject to special conditions.

text: Article 13

text: any Contracting Party which has reserved certain occupations for its own nationals or made the exercise of them by aliens, including nationals of the other Parties, subject to regulations or reciprocity, shall at the time of signature of this Convention transmit a list of these restrictions to the Secretary General of the Council of Europe, indicating which provisions of its municipal law are the basis of such restrictions. The Secretary General shall forward these lists to the other signatories;

text: after this Convention has entered into force in respect of any Contracting Party, that Party shall not introduce any further restrictions as to the exercise of gainful occupa-tions by the nationals of other Parties unless it finds itself compelled to do so for imperative reasons of an economic or social character. It shall in this event keep the Secretary

text: Apart from the functions or occupations mentioned in

text: Article 13

text: of this Convention,

text: General fully informed of the measures taken, the relevant provisions of municipal law and the reasons for such measures. The Secretary General shall communicate this information to the other Parties.

text: Each Contracting Party shall endeavour for the benefit of nationals of the other Parties:

text: – to reduce the list of occupations which are reserved for its own nationals or the exercise of which by aliens is subject to regulations or reciprocity; it shall notify the Secretary General of any such changes, and he shall communicate them to the other Parties;

text: – in so far as its laws permit, to allow individual exemptions from the provisions in force.

text: Article 14

text: The exercise by nationals of one Contracting Party in the territory of another Party of an occupation in respect of which nationals of the latter Party are required to possess professional or technical qualifications or to furnish guarantees shall be made subject to the production of the same guarantees or to the possession of the same qualifications or of others recognised as their equivalent by the competent national authority;

text: Provided that nationals of the Contracting Parties engaged in the lawful pursuit of their profession in the territory of any Party may be called into the territory of any other Party by one of their colleagues for the purpose of lending assistance in a particular case.

text: Article 15

text: Commercial travellers who are nationals of a Contracting Party and are employed by an undertaking whose principal place of business is situated in the territory of a Contracting Party shall not need any authorisation in order to exercise their occupation in the territory of any other Party, provided that they do not reside therein for more than two months during any half year.

text: Article 16

text: Nationals of any Contracting Party shall, in the territory of another Party, enjoy treatment no less favourable than nationals of the latter Party in respect of any statutory regulation by a public authority concerning wages and working conditions in general.

text: The provisions of this chapter shall not be understood as requiring a Contracting Party to accord in its territory more favourable treatment as regards the exercise of a gainful occupation to the nationals of any other Party than that accorded to its own nationals.

text: Article 17

text: Chapter V – Individual rights

text: No Contracting Party may forbid nationals of another Party who have been lawfully engaged for at least five years in an appropriate occupation in the territory of the former Party from taking part on an equal footing with its own nationals as electors in elections held by bodies or organisations of an economic or professional nature such as Chambers of Commerce or of Agricultural or Trade Associations, subject to the decisions which such bodies or organisations may take in this respect within the limits of their competence.

text: Article 18

text: Nationals of any Contracting Party in the territory of any other Party shall be permitted, without any restrictions other than those applicable to nationals of the latter Party, to act as arbitrators in arbitral proceedings in which the choice of arbitrators is left entirely to the parties concerned.

text: Article 19

text: In so far as access to education is under State control, nationals of school age of any Contracting Party lawfully residing in the territory of any other Party shall be admitted, on an equal footing with the nationals of the latter Party, to institutions for primary and secondary education and technical and vocational training. The application of this provision to the grant of scholarships shall be left to the discretion of individual Parties. School attendance shall be compulsory for nationals of school age residing in the territory of another Contracting Party if it is compulsory for the nationals of the latter Party.

text: Article 20

text: Chapter VI – Taxation, compulsory civilian services, expropriation, nationalisation

text: Subject to the provisions concerning double taxation contained in agreements already concluded or to be concluded, nationals of any Contracting Party shall not be liable in the territory of any other Party to duties, charges, taxes or contributions, of any description whatsoever, other, higher or more burdensome than those imposed on nationals of the latter Party in similar circumstances; in particular, they shall be entitled to deductions or exemptions from taxes or charges and to all allowances, including allowances for dependants.

text: A Contracting Party shall not impose on nationals of any other Party any residence charge not required of its own nationals. This provision shall not prevent the imposition in appropriate cases of charges connected with administrative formalities such as the issue of permits and authorisations which aliens are required to have, provided that the amount levied is not more than the expenditure incurred by such formalities.

text: Article 21

text: Nationals of a Contracting Party may in no case be obliged to perform in the territory of another Party any civilian services, whether of a personal nature or relating to property, other or more burdensome than those required of nationals of the latter Party.

text: Article 22

text: Without prejudice to the provisions of

text: Article 1

text: of the Protocol to the Convention on the Protection of Human Rights and Fundamental Freedoms, nationals of any Contracting Party shall be entitled, in the event of expropriation or nationalisation of their property by any other Party, to be treated at least as favourably as nationals of the latter Party.

text: Article 23

text: Chapter VII – Standing Committee

text: A Standing Committee shall be set up within a year of the entry into force of this Convention. This Committee may formulate proposals designed to improve the practical implementation of the Convention and, if necessary, to amend or supplement its provisions.

text: In the event of differences of opinion arising between the Parties over the interpretation or application of the provisions of

text: Article 6

text: , paragraph 1.b, and

text: Article 14

text: , paragraph 1.b, of this Convention, the Committee shall at the request of any Party concerned endeavour to settle such differences.

text: The Committee shall arrange for the publication of a periodical report containing all information regarding the laws and regulations in force in the territory of the Parties in respect of matters provided for in this Convention.

text: Each member of the Council of Europe which has ratified this Convention shall appoint a representative to this Committee. Any other member of the Council may be represented by an observer with the right to speak.

text: The Committee shall be convened by the Secretary General of the Council of Europe. Its first session shall take place within three months of the date of its establishment. Subsequent sessions shall be held at least once every two years. The Committee may also be convened whenever the Committee of Ministers of the Council considers it necessary. The period of two years shall run from the date of the end of the last session.

text: Opinions or recommendations of the Standing Committee shall be submitted to the Committee of Ministers.

text: The Standing Committee shall draw up its own Rules of Procedure.

text: Article 24

text: Chapter VIII – General provisions

text: The provisions of this Convention shall not prejudice the provisions of municipal law, bilateral or multilateral treaties, conventions or agreements which are already in force or may come into force under which more favourable treatment would be accorded to nationals of one or more of the other Contracting Parties.

text: Article 25

text: Any member of the Council of Europe may, when signing this Convention or when depositing its instrument of ratification, make a reservation in respect of any particular provision of the Convention to the extent that any law then in force in its territory is not in conformity with the said provision. Reservations of a general nature shall not be permitted under this article.

text: Any reservation made under this article shall contain a brief statement of the law concerned.

text: Any member of the Council which makes a reservation under this article shall withdraw the said reservation as soon as circumstances permit. Such withdrawal shall be made by notification addressed to the Secretary General of the Council and shall take effect from the date of the receipt of such notification. The Secretary General shall transmit the text of this notification to all the signatories of the Convention.

text: Article 26

text: A Contracting Party which has made a reservation in respect of a particular provision of the Convention in accordance with

text: Article 26

text: of this Convention may not claim appli-cation of the said provision by another Party save in so far as it has itself accepted the provision.

text: Article 27

text: In time of war or other public emergency threatening the life of the nation, any Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation and provided that such measures are not inconsistent with its other obligations under international law.

text: Any Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary General of the Council when such measures have ceased to operate and the provisions of the Convention are again being fully executed.

text: Article 28

text: Chapter IX – Field of application of the Convention

text: This Convention shall apply to the metropolitan territories of the Contracting Parties.

text: Any member of the Council may, at the time of the signature or ratification of this Convention or at any later date, declare by notice addressed to the Secretary General of the Council of Europe that this Convention shall apply to the territory or territories mentioned in the said declaration and for whose international relations it is responsible.

text: Any declaration made in accordance with the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in

text: Article 33

text: of this Convention.

text: The Secretary General shall communicate to the other members of the Council any declaration transmitted to him in accordance with paragraph 2 or paragraph 3 of this article.

text: Article 29

text: For the purpose of this Convention, “nationals” means physical persons possessing the nationality of one of the Contracting Parties.

text: No Contracting Party shall be obliged to grant the benefits of this Convention to nationals of another Contracting Party ordinarily resident in a non metropolitan territory of the latter Party to which the Convention does not apply.

text: Article 30

text: Chapter X – Settlement of disputes

text: Any disputes which may arise between the Contracting Parties concerning the interpretation or the application of this Convention shall be submitted to the International Court of Justice by special agreement or by application by one of the parties to the dispute, unless the parties agree on a different method of peaceful settlement.

text: After the entry into force of the European Convention for the Peaceful Settlement of Disputes, the Parties to that Convention shall apply those of its provisions which are binding upon them to all disputes which may arise between them concerning the present Convention.

text: Any dispute subjected to a procedure referred to in the preceding paragraphs shall be immediately reported by the parties concerned to the Secretary General of the Council of Europe, who shall inform the other Contracting Parties without delay.

text: If one of the parties to a dispute fails to carry out its obligations laid down in a decision of the International Court of Justice or the award of an arbitral tribunal, the other party may appeal to the Committee of Ministers of the Council of Europe. The latter may, if it deems necessary, make recommendations by a majority of two thirds of the representatives entitled to sit on the Committee with a view to ensuring the execution of the said decision or award.

text: Article 31

text: Chapter XI – Final provisions

text: The Protocol attached to this Convention shall form an integral part of it.

text: Article 32

text: A Contracting Party may denounce this Convention only at the end of five years from the date on which it became a Party to it, having previously given six months' notice by notification addressed to the Secretary General of the Council of Europe, who shall inform the other Parties. A Party which does not so exercise the right of denunciation will remain bound for further successive periods of two years and may denounce this Convention only at the end any such period, having given notice six months previously.

text: Denunciation shall not have the effect of releasing the Contracting Party concerned from its obligations under this Convention in respect of any act which may have been performed by it before the date upon which the denunciation became effective.

text: Any Contracting Party which ceases to be a member of the Council of Europe shall under the same conditions cease to be a Party to this Convention.

text: Article 33

text: This Convention shall be open for signature by the members of the Council of Europe. It shall be ratified. Instruments of ratification shall be deposited with the Secretary General of the Council of Europe.

text: This Convention shall come into force on the date of deposit of the fifth instrument of ratification.

text: As regards any signatory ratifying subsequently, the Convention shall come into force on the date of deposit of its instrument of ratification.

text: The Secretary General shall notify all the members of the Council of the entry into force of the Convention, the names of the Contracting Parties which have ratified it, any reser-vations made and the subsequent deposit of any instruments of ratification.

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention.

text: Done at Paris, this 13th day of December 1955, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified true copies to each of the signatories.

text: Protocol to the European Convention on Establishment

text: Paris, 13.XII.1955

text: Article 34

text: Section I –

text: Articles 1

text: , 2, 3, 5, 6, paragraph 1.b, 10, 13 and 14, paragraph 1.b

text: a Each Contracting Party shall have the right to judge by national criteria:

text: 1 the reasons of “ordre public, national security, public health or morality” which may provide grounds for the exclusion from its territory of nationals of other Parties;

text: 2 “the economic and social conditions” which may prevent the admission of nationals of other Parties to prolonged or permanent residence or the exercise of gainful occupations in it its territory;

text: 3 the circumstances which constitute a threat to national security or an offence against ordre public or morality;

text: 4 the reasons specified in the Convention for which a Contracting Party may reserve for its own nationals the acquisition, possession or use of any categories of property or the exercise of certain rights and occupations or may make the exercise thereof by nationals of the other Parties subject to special conditions.

text: b Each Contracting Party shall determine whether the reasons For expulsion are of a “particularly serious nature”. In this connection account shall be taken of the behaviour of the individual concerned during his whole period of residence.

text: c A Contracting Party may only restrict the rights of nationals of other Parties for the reasons set forth in this Convention and to the extent compatible with the obligations assumed by the Parties.

text: Section II –

text: Articles 1

text: , 2, 3, 10, 11, 12, 13, 14, 15, 16, 17 and 20

text: a Regulations governing the admission, residence and movement of aliens and also their right to engage in gainful occupations shall be unaffected by this Convention in so far as they are not inconsistent with it.

text: b Nationals of a Contracting Party shall be considered as lawfully residing in the territory of another Party if they have conformed to the said regulations.

text: Section III –

text: Articles 1

text: , 2 and 3

text: a The concept of “ordre public” is to be understood in the wide sense generally accepted in continental countries. A Contracting Party may, for instance, exclude a national of another Party for political reasons, or if there are grounds for believing that he is unable to pay the expenses of his stay or that he intends to engage in a gainful occupation without the necessary permits.

text: b The Contracting Parties undertake, in the exercise of their established rights, to pay due regard to family ties.

text: c The right of expulsion may be exercised only in individual cases. The Contracting Parties shall, in exercising their right of expulsion, act with consideration, having regard to the particular relations which exist between the members of the Council of Europe. They shall in particular take due account of family ties and the period of residence in their territory of the person concerned.

text: Section IV –

text: Articles 8

text: and 9

text: Articles 8

text: and 9 of this Convention in no way affect obligations contracted under The Hague Convention on Civil Procedure.

text: Section V –

text: Articles 10

text: , 11, 12, 13, 14, 15, 16 and 17

text: a The provisions of

text: Articles 10

text: , 11, 12, 13, 14, 15, 16 and 17 of this Convention shall be subject to the conditions governing entry and residence laid down in

text: Articles 1

text: and 2.

text: b The husband or wife and dependent children of nationals of any Contracting Party lawfully residing in the territory of another Party who have been authorised to accompany or rejoin them shall as far as possible be allowed to take up employment in that territory in accordance with the conditions laid down in this Convention.

text: c The provisions of

text: Article 12

text: of this Convention shall not apply to nationals of a Contracting Party residing in the territory of another Party in pursuance of special regula-tions or engaged in a gainful occupation therein in pursuance of special rules or agreements, including such persons as members, or staff not locally recruited, of diplo-matic or consular missions; members of the staff of international organisations; student employees, apprentices, students and persons employed for the purpose of completing their vocational training; crews of ships and aircraft.

text: d For the purpose of

text: Article 16

text: of this Convention, the Contracting Parties shall not, in their municipal legislation or regulations, treat the occupation of commercial traveller as an itinerant trade or form of hawking.

text: e It is understood that

text: Article 16

text: applies only to commercial travellers acting under the orders of an undertaking situated outside the receiving country and remunerated solely by such undertaking.

text: f

text: Article 17

text: , paragraph 1, of this Convention shall not apply to the special case of student employees in respect of their remuneration.

text: Section VI –

text: Articles 2

text: , 11, 12, 13, 14, 15, 16, 17 and 25

text: a It is understood that this Convention shall not apply to industrial, literary and artistic property and new vegetable products, as these subjects are reserved for international conventions or other international agreements relating thereto which are already in force or will come into force.

text: b Those Contracting Parties to this Convention which are now or will be bound by the decisions of the Organisation for European Economic Co-operation governing the employment of nationals of its member countries shall, in their mutual relations and in respect of the exercise of wage earning occupations, apply the provisions of this Con-vention or of the said decisions, whichever grant the more favourable treatment to wage earners. In applying the provisions of

text: Articles 2

text: , 10, 11, 12, 13, 14, 15, 16 and 17 of this Convention and judging the economic or social reasons mentioned in

text: Articles 10

text: and 14, they shall conform to the spirit and the letter of the said decisions in so far as the latter are more favourable to wage earners than the provisions of this Convention.

text: Section VII –

text: Article 26

text: , paragraph 1

text: The Contracting Parties shall exercise their right to make reservations only in so far as they consider that essential provisions of their municipal law so require.

text: Section VIII –

text: Article 29

text: , paragraph 1

text: a This Convention shall, in respect of France, also apply to Algeria and the overseas Departments.

text: b The Federal Republic of Germany may extend the application of this Convention to the Land Berlin by a declaration addressed to the Secretary General of the Council of Europe who shall notify the other Contracting Parties thereof.

text: Article 29

text: , paragraph 2

text: Any member of the Council of Europe which makes a declaration in accordance with

text: Article 29

text: , paragraph 2, of this Convention shall, at the same time and in respect of any territory mentioned in such declaration, transmit to the Secretary General of the Council the lists of restrictions specified in

text: Article 6

text: , paragraph 1, and

text: Article 14

text: , paragraph 1, any declaration made in accordance with

text: Article 12

text: and any reservation made in accordance with

text: Article 26

text: of this Convention.

text: The term “ordinarily resident” shall be defined according to the regulations applicable in the country of which the person concerned is a national.

text: Article 30

text: Section IX –

text: Article 31

text: , paragraph 1

text: Contracting Parties not party to the Statute of the International Court of Justice shall take the necessary steps to obtain access to the Court.

title: European Convention on Establishment


doctype: treaty

identifier: ETS No. 020

openingPlace: Paris

publisher: Council of Europe Treaty Office

reference: ETS No. 020

title: Agreement on the Exchange of War Cripples between Member Countries of the Council of Europe with a view to Medical Treatment

text: European Treaty Series - No. 20

type: stycke

text: Paris, 13.XII.1955

text: The governments signatory hereto, being members of the Council of Europe,

text: Considering that the improvement of therapeutic methods is an important aspect of social progress the development of which among member countries is mentioned in the Preamble and

text: Article 1

text: of the Statute of the Council of Europe as being one of the primary aims of the Council;

text: Having regard to the principle of equal social and medical treatment for nationals of member countries which governed the signing of the Interim Agreements on Social Security and the European Convention on Social and Medical Assistance;

text: Desirous of making available to any war cripple, being a national of a member country, all existing therapeutic methods in any member country, and hoping therefore that the European nations will introduce a system of mutual exchanges, covering not only cripples but also technical methods and medical personnel;

text: Considering that such exchanges would greatly contribute to the promotion among the peoples of Europe of a spirit of solidarity and general understanding,

text: Have agreed as follows:

text: The term "cripples", for the purpose of this Agreement, shall include all persons, military or civilian who, as a result of war, have suffered an amputation or who are suffering from impairment of the power of movement.

text: The provisions of the present Agreement may in due course be extended to other categories of invalids following an exchange of letters between two or more of the Contracting Parties.

text: Article 1

type: artikel

text: The Contracting Parties shall, through the Secretary General of the Council of Europe, exchange technical information on medical treatment afforded to cripples in their respective countries.

text: They shall, in particular, indicate those specific forms of treatment which it is possible to give in their countries to the various categories of cripples and also the possibilities of receiving cripples who are nationals of the other Parties.

text: ETS 20 – Exchange of War Cripples, 13.XII.1955 __________________________________________________________________________________

text: Article 2

text: Any Contracting Party shall receive in its territory, within the limits specified in the second paragraph of the preceding article, crippled nationals, duly sponsored, of the other Parties, in order that they may benefit by any special treatment of which they stand in need and which is not available in their own country. The appropriate Ministry in the country responsible for the requesting cripple shall transmit such request for entry directly to the appropriate Ministry in the country able to provide the necessary treatment. Each case shall be treated individually between the said Parties.

text: Article 3

text: The Contracting Parties shall facilitate the delivery between themselves of artificial limbs and of orthopaedic equipment where these are lacking and of urgent need to their cripples.

text: Article 4

text: A Contracting Party shall endeavour to receive in its territory medical personnel and skilled technicians from any other Party in order that these may complete their training in therapy in the manufacture of artificial limbs and in the functional re-education of cripples.

text: Article 5

text: The costs arising from the provisions contained in

text: Articles 3

text: and 5 of the present Agreement shall be borne exclusively by the requesting country. The receiving country will, as far as possible, reduce the amount of these costs.

text: Article 6

text: The present Agreement shall be open to the signature of the members of the Council of Europe who may accede to it either by: 1 signature without reservation in respect of ratification; 2 signature with reservation in respect of ratification. Instruments of ratification shall be deposited with the Secretary General of the Council of Europe.

text: Article 7

text: The present Agreement shall enter into force on the first day of the month following the date on which three members of the Council shall, in accordance with

text: Article 7

text: , have signed the Agreement without reservation in respect of ratification or shall have ratified it. In the case of any member of the Council who subsequently shall sign the Agreement without reservation in respect of ratification or who shall ratify it, the Agreement shall enter into force on the first day of the month following such signature or deposit of the instrument of ratification.

text: Article 8

text: The Committee of Ministers of the Council of Europe may invite any non-member State to accede to the present Agreement. Such accession shall take effect on the first day of the month following the deposit of the instrument of accession.

text: Article 9

text: The Secretary General of the Council of Europe shall notify members of the Council: a of the date of entry into force of this Agreement and the names of any members who have signed without reservation in respect of ratification or who have ratified it; b of the deposit of any instrument of accession in accordance with

text: Article 9

text: ; c of any notification received in accordance with

text: Article 11

text: and its effective date.

text: Article 10

text: The present Agreement shall remain in force indefinitely. Any Contracting Party may terminate its own application of the Agreement by giving one year's notice to that effect to the Secretary General of the Council of Europe.

text: In witness whereof the undersigned, being duly authorised to that effect, have signed the present Agreement. Done at Paris, this 13th day of December 1955, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall send certified copies to each of the signatory and acceding governments.

text: Article 11

type: internationell-overenskommelse


identifier: ETS No. 021

reference: ETS No. 021

title: European Convention on the Equivalence of Periods of University Study

text: European Treaty Series - No. 21

text: Paris, 15.XII.1956

text: The governments signatory hereto, being members of the Council of Europe, Having regard to the European Convention on the Equivalence of Diplomas leading to Admission to Universities, signed in Paris on the 11th December 1953; Having regard to the European Cultural Convention, signed in Paris on the 19th December 1954; Considering that an important contribution would be made to European understanding if a larger number of students, among others students of modern languages, could spend a period of study abroad and if examinations passed and courses taken by such students during the period of study could be recognised by the home university; Considering further that the recognition of periods of study spent abroad would contribute to the solution of the problem raised by the shortage of highly qualified scientists, Have agreed as follows:

ordinal: b

text: institutions regarded as being similar in character to universities by the Contracting Party in whose territory they are situated.

type: punkt

text: For the purposes of the present Convention, Contracting Parties shall be divided into categories according to whether the authority competent to deal with matters pertaining to equivalences in their territories is: a the State; b the university; c the State or university as the case may be. Each Contracting Party shall inform the Secretary General of the Council of Europe which is the competent authority in its territory to deal with matters pertaining to equivalences. 2 The term "universities" shall denote: a universities, and

text: _____ (*) Parties to the Convention on the Recognition of Qualifications concerning Higher Education in the European Region (ETS No. 165) undertook to abstain from becoming a Party to this Convention to which they are not already a Party (see Article XI.4 of ETS No. 165).

text: ETS 21 – Equivalence of Periods of University Study, 15.XII.1956 __________________________________________________________________________________

text: Article 1

text: Contracting Parties falling within category a of

text: Article 1

text: , paragraph 1, shall recognise a period of study spent by a student of modern languages in a university of another member country of the Council of Europe as equivalent to a similar period spent in his home university provided that the authorities of the first-mentioned university have issued to such a student a certificate attesting that he has completed the said period of study to their satisfaction.

text: The length of the period of study referred to in the preceding paragraph shall be determined by the competent authorities of the Contracting Party concerned.

text: Article 2

text: Article 1

text: , paragraph 1, shall consider the means to be adopted in order to recognise a period of study spent in a university of another member country of the Council of Europe by students of disciplines other than modern languages and especially by students of pure and applied sciences.

text: Article 3

text: Article 1

text: , paragraph 1, shall endeavour to determine, by means of unilateral or bilateral arrangements, the conditions under which an examination passed or a course taken by a student during a period of study in a university of another member country of the Council of Europe may be considered as equivalent to a similar examination passed or a course taken by a student in his home university.

text: Article 4

text: Contracting Parties falling within category b of

text: Article 1

text: , paragraph 1, shall transmit the text of the present Convention to the authorities of the universities situated in their territories and shall encourage the favourable consideration and application by them of the principles mentioned in

text: Articles 2

text: , 3 and 4 above.

text: Article 5

text: Contracting Parties falling within category c of

text: Article 1

text: , paragraph 1, shall apply the provisions of

text: Articles 2

text: , 3 and 4 in respect of those universities for which the State is the competent authority in the matters dealt with in this Convention, and shall apply the provisions of

text: Article 5

text: in respect of those universities which are themselves the competent authorities in these matters.

text: Article 6

text: Each Contracting Party shall, within a year of the coming into force of the present Convention, furnish the Secretary General of the Council of Europe with a written statement on the measures taken to implement

text: Articles 2

text: , 3, 4, 5 and 6.

text: Article 7

text: The Secretary General of the Council of Europe shall communicate to the other Contracting Parties the information received from each of them in accordance with

text: Article 7

text: and shall keep the Committee of Ministers informed of the progress made in the implementation of this Convention.

text: Article 8

text: The present Convention shall be open to the signature of the members of the Council of Europe. It shall be ratified. The instruments of ratification shall be deposited with the Secretary General of the Council of Europe.

text: The Convention shall come into force as soon as three instruments of ratification have been deposited.

text: As regards any signatory ratifying subsequently, the Convention shall come into force at the date of the deposit of its instrument of ratification.

text: The Secretary General of the Council of Europe shall notify all the members of the Council of Europe of the entry into force of the Convention, the names of the Contracting Parties which have ratified it and the deposit of all instruments of ratification which may be effected subsequently.

text: Any Contracting Party may specify the territories to which the provisions of the present Convention shall apply by addressing to the Secretary General of the Council of Europe a declaration which shall be communicated by the latter to all the other Contracting Parties.

text: Article 9

text: The Committee of Ministers of the Council of Europe may invite any State which is not a member of the Council to accede to the present Convention. Any State so invited may accede by depositing its instrument of accession with the Secretary General of the Council, who shall notify all the Contracting Parties thereof. Any acceding State shall be considered a member country of the Council of Europe for the purposes of the present Convention. As regards any acceding State, the present Convention shall come into force on the date of the deposit of its instrument of accession.

text: In witness whereof the undersigned, duly authorised thereto by their respective governments, have signed the present Convention.

text: Done at Paris, this 15th day of December 1956, in the English and French languages, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory and acceding governments.

text: Article 10


doctype: protocol

identifier: ETS No. 022

reference: ETS No. 022

title: Second Protocol to the General Agreement on Privileges and Immunities of the Council of Europe

text: European Treaty Series - No. 22

text: Council of Europe

text: Paris, 15.XII.1956

text: The governments signatory hereto, being members of the Council of Europe,

text: Considering that, under the terms of

text: Article 59

text: of the

text: Convention for the Protection of Human Rights and Fundamental Freedoms

text: , signed at Rome on 4th November, 1950, the members of the European Commission of Human Rights (hereinafter referred to as "the Commission") are entitled, during the discharge of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the Agreements made thereunder;

text: Considering that it is necessary to specify and define the said privileges and immunities in a Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, signed at Paris on 2nd September, 1949,

text: Have agreed as follows:

text: The members of the Commission shall, while exercising their functions and during their journeys to and from their place of meeting, enjoy the following privileges and immunities:

ordinal: a

text: immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their official capacity, immunity from legal process of every kind;

text: inviolability for all papers and documents;

ordinal: c

text: exemption in respect of themselves and their spouses from immigration restrictions or aliens registration in the State which they are visiting or through which they are passing in the exercise of their functions.

text: Article 1

text: No administrative or other restrictions shall be imposed on the free movement of members of the Commission to and from the place of meeting of the Commission.

text: by their own government, the same facilities as those accorded to senior officials travelling abroad on temporary official duty;

text: by the governments of other members, the same facilities as those accorded to representatives of foreign governments on temporary official duty.

text: Members of the Commission shall, in the matter of customs and exchange control, be accorded:

text: _____ (*) The Second Protocol contains provisions in respect of the members of the European Commission of Human Rights. The Commission’s mandate has expired on 31 October 1998. It is no longer necessary to sign or ratify the Protocol.

text: ETS 22 – Privileges and Immunities (Second Protocol), 15.XII.1956 __________________________________________________________________________________

text: Article 2

text: In order to secure for the members of the Commission complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer engaged in the discharge of such duties.

text: Article 3

text: Privileges and immunities are accorded to the members of the Commission, not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions. The Commission alone shall be competent to waive the immunity of its members; it has not only the right, but is under a duty, to waive the immunity of one of its members in any case where, in its opinion, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.

text: Article 4

text: This Protocol shall be open to the signature of the members of the Council of Europe who may become Parties to it either by:

text: signature without reservation in respect of ratification or by; b signature with reservation in respect of ratification followed by ratification.

text: Instruments of ratification shall be deposited with the Secretary General of the Council of Europe.

text: Article 5

text: This Protocol shall enter into force as soon as three members of the Council of Europe shall, in accordance with

text: Article 5

text: , have signed it without reservation in respect of ratification or shall have ratified it.

text: As regards any member subsequently signing it without reservation in respect of ratification, or ratifying it, this Protocol shall enter into force at the date of signature or deposit of the instrument of ratification.

text: Article 6

text: The Secretary General of the Council of Europe shall notify members of the Council of the date of entry into force of this Protocol and shall give the names of any members who have signed it without reservation in respect of ratification or who have ratified it.

text: In witness whereof the undersigned, being duly authorised to that effect, have signed the present Protocol.

text: Done at Paris, this 15th day of December 1956, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall send certified copies to each of the signatory governments.

text: Article 7


identifier: ETS No. 023

openingPlace: Strasbourg

reference: ETS No. 023

title: European Convention for the Peaceful Settlement of Disputes

text: European Treaty Series - No. 23

text: European Convention for the Peaceful Settlement of Disputes

text: Strasbourg, 29.IV.1957

text: Preamble

text: The governments signatory hereto, being members of the Council of Europe, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Convinced that the pursuit of peace based upon justice is vital for the preservation of human society and civilisation; Resolved to settle by peaceful means any disputes which may arise between them, Have agreed as follows:

text: Chapter I – Judicial settlement

type: rubrik

text: The High Contracting Parties shall submit to the judgement of the International Court of Justice all international legal disputes which may arise between them including, in particular, those concerning: a the interpretation of a treaty; b any question of international law; c the existence of any fact which, if established, would constitute a breach of an international obligation; d the nature or extent of the reparation to be made for the breach of an international obligation.

text: Article 1

text: The provisions of

text: Article 1

text: shall not affect undertakings by which the High Contracting Parties have accepted or may accept the jurisdiction of the International Court of Justice for the settlement of disputes other than those mentioned in

text: Article 1

text: . 2 The parties to a dispute may agree to resort to the procedure of conciliation before that of judicial settlement.

text: ETS 23 – Peaceful Settlement of Disputes, 29.IV.1957 __________________________________________________________________________________

text: Article 2

text: The High Contracting Parties which are not parties to the Statute of the International Court of Justice shall carry out the measures necessary to enable them to have access thereto.

text: Article 3

text: Chapter II – Conciliation

text: The High Contracting Parties shall submit to conciliation all disputes which may arise between them, other than disputes falling within the scope of

text: Article 1

text: Nevertheless, the parties to a dispute falling within the scope of this article may agree to submit it to an arbitral tribunal without prior recourse to the procedure of conciliation.

text: Article 4

text: When a dispute arises which falls within the scope of

text: Article 4

text: , it shall be referred to a Permanent Conciliation Commission competent in the matter, previously set up by the parties concerned. If the parties agree not to have recourse to that Commission, or if there is no such Commission, the dispute shall be referred to a special Conciliation Commission, which shall be set up by the parties within a period of three months from the date on which a request to that effect is made by one of the parties to the other party.

text: Article 5

text: In the absence of agreement to the contrary between the parties concerned, the Special Conciliation Commission shall be constituted as follows:

text: The Commission shall be composed of five members. The parties shall each nominate one Commissioner, who may be chosen from among their respective nationals. The three other Commissioners, including the President, shall be chosen by agreement from among the nationals of third States. These three Commissioners shall be of different nationalities and shall not be habitually resident in the territory nor be in the service of the parties.

text: Article 6

text: If the nomination of the Commissioners to be designated jointly is not made within the period provided for in

text: Article 5

text: , the task of making the necessary nominations shall be entrusted to the government of a third State, chosen by agreement between the parties, or, failing such agreement being reached within three months, to the President of the International Court of Justice. Should the latter be a national of one of the parties to the dispute, this task shall be entrusted to the Vice-President of the Court or to the next senior judge of the Court who is not a national of the parties.

text: Article 7

text: Vacancies which may occur as a result of death, resignation or any other cause shall be filled within the shortest possible time in the manner fixed for the nominations.

text: Article 8

text: Disputes shall be brought before the Special Conciliation Commission by means of an application addressed to the President by the two parties acting in agreement or, in default thereof, by one or other of the parties.

text: The application, after giving a summary account of the subject of the dispute, shall contain the invitation to the Commission to take all necessary measures with a view to arriving at an amicable solution.

text: If the application emanates from only one of the parties, the other party shall, without delay, be notified of it by that party.

text: Article 9

text: In the absence of agreement to the contrary between the parties, the Special Conciliation Commission shall meet at the seat of the Council of Europe or at some other place selected by its President.

text: The Commission may at all times request the Secretary General of the Council of Europe to afford it his assistance.

text: Article 10

text: The work of the Special Conciliation Commission shall not be conducted in public unless the Commission with the consent of the parties so decides.

text: Article 11

text: In the absence of agreement to the contrary between the parties, the Special Conciliation Commission shall lay down its own procedure, which in any case must provide for both parties being heard. In regard to enquiries, subject to the provisions of this Convention, the Commission, unless it decides unanimously to the contrary, shall act in accordance with the provisions of Part III of The Hague Convention for the Pacific Settlement of International Disputes of 18th October 1907.

text: The parties shall be represented before the Conciliation Commission by agents whose duty shall be to act as intermediaries between them and the Commission; they may be assisted by counsels and experts appointed by them for that purpose and may request that all persons whose evidence appears to them desirable shall be heard.

text: The Commission shall be entitled to request oral explanations from the agents, counsels and experts of both parties, as well as from all persons it may think desirable to summon with the consent of their governments.

text: Article 12

text: In the absence of agreement to the contrary between the parties, the decisions of the Special Conciliation Commission shall be taken by a majority vote and, except in relation to questions of procedure, decisions of the Commission shall be valid only if all its members are present.

text: Article 13

text: The parties shall facilitate the work of the Special Conciliation Commission and, in particular, shall supply it to the greatest possible extent with all relevant documents and information. They shall use the means at their disposal to allow it to proceed in their territory, and in accordance with their law, to the summoning and hearing of witnesses or experts and to visit the localities in question.

text: Article 14

text: The task of the Special Conciliation Commission shall be to elucidate the questions in dispute, to collect with that object all necessary information by means of enquiry or otherwise, and to endeavour to bring the parties to an agreement. It may, after the case has been examined, inform the parties of the terms of settlement which seem suitable to it and lay down the period within which they are to make their decision.

text: At the close of its proceedings, the Commission shall draw up a procès-verbal stating, as the case may be, either that the parties have come to an agreement and, if need arises, the terms of the agreement, or that it has been impossible to effect a settlement. No mention shall be made in the procès-verbal of whether the Commission's decisions were taken unanimously or by a majority vote.

text: The proceedings of the Commission shall, unless the parties otherwise agree, be terminated within six months from the date on which the Commission shall have been given cognisance of the dispute.

text: Article 15

text: The Commission's procès-verbal shall be communicated without delay to the parties. It shall only be published with their consent.

text: Article 16

text: During the proceedings of the Commission, each of the Commissioners shall receive emoluments, the amount of which shall be fixed by agreement between the parties, each of which shall contribute an equal share.

text: The general expenses arising out of the working of the Commission shall be divided in the same manner.

text: Article 17

text: In the case of a mixed dispute involving both questions for which conciliation is appropriate and other questions for which judicial settlement is appropriate, any party to the dispute shall have the right to insist that the judicial settlement of the legal questions shall precede conciliation.

text: Article 18

text: Chapter III – Arbitration

text: The High Contracting Parties shall submit to arbitration all disputes which may arise between them other than those mentioned in

text: Article 1

text: and which have not been settled by conciliation, either because the parties have agreed not to have prior recourse to it or because conciliation has failed.

text: Article 19

text: The party requesting arbitration shall inform the other party of the claim which it intends to submit to arbitration, of the grounds on which such claim is based and of the name of the arbitrator whom it has nominated.

text: In the absence of agreement to the contrary between the parties concerned, the Arbitral Tribunal shall be constituted as follows:

text: The Arbitral Tribunal shall consist of five members. The parties shall each nominate one member, who may be chosen from among their respective nationals. The other three arbitrators, including the President, shall be chosen by agreement from among the nationals of third States. They shall be of different nationalities and shall not be habitually resident in the territory nor be in the service of the parties.

text: Article 20

text: If the nomination of the members of the Arbitral Tribunal is not made within a period of three months from the date on which one of the parties requested the other party to constitute an Arbitral Tribunal, the task of making the necessary nominations shall be entrusted to the government of a third State, chosen by agreement between the parties, or, failing agreement within three months, to the President of the International Court of Justice. Should the latter be a national of one of the parties to the dispute, this task shall be entrusted to the Vice- President of the Court, or to the next senior judge of the Court who is not a national of the parties.

text: Article 21

text: Vacancies which may occur as a result of death, resignation or any other cause shall be filled within the shortest possible time in the manner fixed for the nomination.

text: Article 22

text: The parties shall draw up a special agreement determining the subject of the dispute and the details of procedure.

text: Article 23

text: In the absence of sufficient particulars in the special agreement regarding the matters referred to in

text: Article 23

text: , the provisions of Part IV of The Hague Convention of 18th October 1907 for the Pacific Settlement of International Disputes shall apply so far as possible.

text: Article 24

text: Failing the conclusion of a special agreement within a period of three months from the date on which the Arbitral Tribunal was constituted, the dispute may be brought before the Tribunal upon application by one or other party.

text: Article 25

text: If nothing is laid down in the special agreement or no special agreement has been made, the Tribunal shall decide ex aequo et bono, having regard to the general principles of international law, while respecting the contractual obligations and the final decisions of international tribunals which are binding on the parties.

text: Article 26

text: Chapter IV – General provisions

text: The provisions of this Convention shall not apply to:

text: disputes relating to facts or situations prior to the entry into force of this Convention as between the parties to the dispute;

text: disputes concerning questions which by international law are solely within the domestic jurisdiction of States.

text: Article 27

text: The provisions of this Convention shall not apply to disputes which the parties have agreed or may agree to submit to another procedure of peaceful settlement. Nevertheless, in respect of disputes falling within the scope of

text: Article 1

text: , the High Contracting Parties shall refrain from invoking as between themselves agreements which do not provide for a procedure entailing binding decisions.

text: This Convention shall in no way affect the application of the provisions of the

text: Convention for the Protection of Human Rights and Fundamental Freedoms

text: signed on 4th November 1950, or of the Protocol thereto signed on 20th March 1952.

text: Article 28

text: In the case of a dispute the subject of which, according to the municipal law of one of the parties, falls within the competence of its judicial or administrative authorities, the party in question may object to the dispute being submitted for settlement by any of the procedures laid down in this Convention until a decision with final effect has been pronounced, within a reasonable time, by the competent authority.

text: If a decision with final effect has been pronounced in the State concerned, it will no longer be possible to resort to any of the procedures laid down in this Convention after the expiration of a period of five years from the date of the aforementioned decision.

text: Article 29

text: If the execution of a judicial sentence or arbitral award would conflict with a judgement or measure enjoined by a court of law or other authority of one of the parties to the dispute, and if the municipal law of that party does not permit or only partially permits the consequences of the judgement or measure in question to be annulled, the Court or the Arbitral Tribunal shall, if necessary, grant the injured party equitable satisfaction.

text: Article 30

text: In all cases where a dispute forms the subject of arbitration or judicial proceedings, and particularly if the question on which the parties differ arises out of acts already committed or on the point of being committed, the International Court of Justice, acting in accordance with

text: Article 41

text: of its Statute, or the Arbitral Tribunal, shall lay down within the shortest possible time the provisional measures to be adopted. The parties to the dispute shall be bound to accept such measures.

text: If the dispute is brought before a Conciliation Commission the latter may recommend to the parties the adoption of such provisional measures as it considers suitable.

text: The parties shall abstain from all measures likely to react prejudicially upon the execution of the judicial or arbitral decision or upon the arrangements proposed by the Conciliation Commission and, in general, shall abstain from any sort of action whatsoever which may aggravate or extend the dispute.

text: Article 31

text: This Convention shall remain applicable as between the Parties thereto, even though a third State, whether a Party to the Convention or not, has an interest in the dispute.

text: In the procedure of conciliation the parties may agree to invite such a third State to intervene.

text: Article 32

text: In judicial or arbitral procedure, if a third State should consider that its legitimate interests are involved, it may submit to the International Court of Justice or to the Arbitral Tribunal a request to intervene as a third party.

text: It will be for the Court or the Tribunal to decide upon this request.

text: Article 33

text: Chapter III relating to arbitration; or b Chapters II and III relating to conciliation and arbitration.

text: On depositing its instrument of ratification, any one of the High Contracting Parties may declare that it will not be bound by:

text: A High Contracting Party may only benefit from those provisions of this Convention by which it is itself bound.

text: Article 34

text: The High Contracting Parties may only make reservations which exclude from the application of this Convention disputes concerning particular cases or clearly specified subject matters, such as territorial status, or disputes falling within clearly defined categories. If one of the High Contracting Parties has made a reservation, the other Parties may enforce the same reservation in regard to that Party.

text: Any reservation made shall, unless otherwise expressly stated, be deemed not to apply to the procedure of conciliation.

text: Except as provided in paragraph 4 of this article, any reservations must be made at the time of depositing instruments of ratification of the Convention.

text: If a High Contracting Party accepts the compulsory jurisdiction of the International Court of Justice under paragraph 2 of

text: Article 36

text: of the Statute of the said Court, subject to reservations, or amends any such reservations, that High Contracting Party may by a simple declaration, and subject to the provisions of paragraphs 1 and 2 of this article, make the same reservations to this Convention. Such reservations shall not release the High Contracting Party concerned from its obligations under this Convention in respect of disputes relating to facts or situations prior to the date of the declaration by which they are made. Such disputes shall, however, be submitted to the appropriate procedure under the terms of this Convention within a period of one year from the said date.

text: Article 35

text: A Party which is bound by only part of this Convention, or which has made reservations, may at any time, by a simple declaration, either extend the scope of its obligations or abandon all or part of its reservations.

text: Article 36

text: The declarations provided for in paragraph 4 of

text: Article 35

text: and in

text: Article 36

text: shall be addressed to the Secretary General of the Council of Europe, who shall transmit copies to each of the other High Contracting Parties.

text: Article 37

text: Disputes relating to the interpretation or application of this Convention, including those concerning the classification of disputes and the scope of reservations, shall be submitted to the International Court of Justice. However, an objection concerning the obligation of a High Contracting Party to submit a particular dispute to arbitration can only be submitted to the Court within a period of three months after the notification by one party to the other of its intention to resort to arbitration. Any such objection made after that period shall be decided upon by the arbitral tribunal. The decision of the Court shall be binding on the body dealing with the dispute.

text: Recourse to the International Court of Justice in accordance with the above provisions shall have the effect of suspending the conciliation or arbitration proceedings concerned until the decision of the Court is known.

text: Article 38

text: Each of the High Contracting Parties shall comply with the decision of the International Court of Justice or the award of the Arbitral Tribunal in any dispute to which it is a party.

text: If one of the parties to a dispute fails to carry out its obligations under a decision of the International Court of Justice or an award of the Arbitral Tribunal, the other party to the dispute may appeal to the Committee of Ministers of the Council of Europe. Should it deem necessary, the latter, acting by a two-thirds majority of the representatives entitled to sit on the Committee, may make recommendations with a view to ensuring compliance with the said decision or award.

text: Article 39

text: This Convention may be denounced by a High Contracting Party only after the conclusion of a period of five years from the date of its entry into force for the Party in question. Such denunciation shall be subject to six months' notice, which shall be communicated to the Secretary General of the Council of Europe, who shall inform the other Contracting Parties.

text: Denunciation shall not release the High Contracting Party concerned from its obligations under this Convention in respect of disputes relating to facts or situations prior to the date of the notice referred to in the preceding paragraph. Such dispute shall, however, be submitted to the appropriate procedure under the terms of this Convention within a period of one year from the said date.

text: Subject to the same conditions, any High Contracting Party which ceases to be a member of the Council of Europe shall cease to be a party to this Convention within a period of one year from the said date.

text: Article 40

text: This Convention shall be open for signature by the members of the Council of Europe. It shall be ratified. Instruments of ratification shall be deposited with the Secretary General of the Council of Europe.

text: This Convention shall enter into force on the date of the deposit of the second instrument of ratification.

text: As regards any signatory ratifying subsequently, the Convention shall enter into force on the date of the deposit of its instrument of ratification.

text: The Secretary General of the Council of Europe shall notify all the members of the Council of Europe of the entry into force of the Convention, the names of the High Contracting Parties who have ratified it and the deposit of all instruments of ratification which may be effected subsequently.

text: In witness whereof the undersigned, being duly authorised thereto, have signed the present Convention.

text: Done at Strasbourg, this 29th day of April 1957, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatories.

text: Article 41