identifier: ETS No. 159

reference: ETS No. 159

title: Additional Protocol to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities

text: European Treaty Series - No. 159

text: Additional Protocol to the European Outline Convention on Transfrontier Cooperation between Territorial Communities or Authorities

text: Strasbourg, 9.XI.1995

text: The Council of Europe member States signatory to this Protocol to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (hereinafter referred to as "the Outline Convention"),

text: Affirming the importance of transfrontier co-operation between territorial communities or authorities in border areas;

text: Being resolved to take further measures to secure transfrontier co-operation between territorial communities or authorities;

text: Wishing to facilitate and develop transfrontier co-operation between territorial communities or authorities situated in border areas;

text: Acknowledging the need to adapt the Outline Convention to the actual situation in Europe;

text: Considering that it would be appropriate to supplement the Outline Convention with a view to reinforcing transfrontier co-operation between territorial communities or authorities;

text: Having regard to the European Charter of Local Self-Government;

text: Bearing in mind the Declaration on transfrontier co-operation in Europe which the Committee of Ministers made on the occasion of the 40th anniversary of the Council of Europe and which, among other things, called for continued action in order to gradually remove barriers of any kind – administrative, legal, political or psychological – to curb the development of transfrontier projects,

text: Have agreed the following additional provisions:

text: Each Contracting Party shall recognise and respect the right of territorial communities or authorities under its jurisdiction and referred to in

text: Articles 1

text: and 2 of the Outline Convention to conclude transfrontier co-operation agreements with territorial communities or authorities of other States in equivalent fields of responsibility, in accordance with the procedures laid down in their statutes, in conformity with national law and in so far as such agreements are in keeping with the Party's international commitments.

text: A transfrontier co-operation agreement shall entail only the responsibilities of the territorial communities or authorities which have concluded it.

text: ETS 159 – Transfrontier Co-operation (Additional Protocol), 9.XI.1995 __________________________________________________________________________________

text: Article 1

text: Decisions taken jointly under a transfrontier co-operation agreement shall be implemented by territorial communities or authorities within their national legal system, in conformity with their national law. Decisions thus implemented shall be regarded as having the same legal force and effects as measures taken by those communities or authorities under their national legal system.

text: Article 2

text: A transfrontier co-operation agreement concluded by territorial communities or authorities may set up a transfrontier co-operation body, which may or may not have legal personality. The agreement shall specify whether the body, regard being had to the responsibilities assigned to it and to the provisions of national law, is to be considered a public or private law entity within the national legal systems to which the territorial communities or authorities concluding the agreement belong.

text: Article 3

text: Where the transfrontier co-operation body has legal personality, such personality shall be as defined in the law of the Contracting Party in which its headquarters are located. The legal personality of the body is recognised by the other Contracting Parties which have territorial communities or authorities party to the transfrontier agreement in conformity with their own national law.

text: action by the transfrontier co-operation body shall be governed by its statute and by the law of the headquarters' State;

text: the transfrontier co-operation body shall not, however, be empowered to take measures which apply generally or which might affect the rights and freedoms of individuals;

text: the transfrontier co-operation body shall be financed from the budgets of the territorial communities or authorities. It shall not be empowered to impose levies of a fiscal nature. It may, where appropriate, receive revenue in respect of services provided by it to territorial communities or authorities, users or third parties;

text: the transfrontier co-operation body shall have an annual estimated budget and shall draw up a balance-account which shall be approved by auditors independent of the territorial communities or authorities party to the agreement.

text: The transfrontier co-operation body shall perform the responsibilities assigned to it by the territorial communities or authorities in accordance with its purpose and in the manner provided for in the national law by which it is governed. Thus:

text: Article 4

text: The Contracting Parties may, if their national law allows it, decide that the transfrontier cooperation body is to be a public law entity and that, for the purposes of each Contracting Party's legal system, any measures which it takes are to have the same legal force and effects as if they had been taken by the territorial communities or authorities which concluded the agreement.

text: However, the agreement may stipulate that it is for the territorial communities or authorities which concluded the agreement to execute such measures, especially where the measures may affect the rights, freedoms and interests of individuals. Moreover, each Contracting Party may provide that general responsibilities cannot be attributed to the transfrontier co-operation body and that such a body shall not be empowered to take measures which apply generally.

text: Article 5

text: Measures taken by territorial communities or authorities under a transfrontier co-operation agreement shall be subject to the same supervision as the law of each Contracting Party prescribes in respect of any measure taken by the territorial communities or authorities concluding the agreement.

text: Measures taken by a transfrontier co-operation body set up under an agreement shall be subject to the supervision provided for in the law of the State in which the body's headquarters are located, keeping in mind, in addition, the interests of territorial communities or authorities of other States. The transfrontier co-operation body shall comply with information requests made by the authorities of the States to which the territorial communities or authorities belong. The supervisory authorities of the Contracting Parties shall endeavour to establish means of appropriate co-ordination and information.

text: Measures taken by a body as referred to in paragraph 1 of

text: Article 5

text: Article 6

text: Any disputes arising from a transfrontier co-operation body's activities shall be referred to the courts which are competent under internal law or under an international agreement.

text: Article 7

text: Each Contracting Party shall declare, when signing this Protocol, or when depositing the instrument of ratification, acceptance or approval, whether it will apply the provisions of

text: Articles 4

text: and 5 or of one of those articles only.

text: Such a declaration can be modified at any subsequent time.

text: Article 8

text: No reservations to the provisions of this Protocol shall be allowed.

text: Article 9

text: This Protocol shall be open for signature by the States which have signed the Outline Convention, which may express their consent to be bound by either:

text: A member State of the Council of Europe may not sign this Protocol without reservation as to ratification, acceptance or approval, or deposit an instrument of ratification, acceptance or approval, unless it has already deposited or simultaneously deposits an instrument of ratification, acceptance or approval of the Outline Convention.

text: The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: Article 10

text: This Protocol shall come into force three months after the date on which four member States of the Council of Europe have expressed their consent to be bound by the Protocol, in accordance with the provisions of

text: Article 10

text: . 2 In respect of any member State which subsequently expresses its consent to be bound by it, the Protocol shall come into force three months after the date of its signature or deposit of instrument of its ratification, acceptance or approval.

text: Article 11

text: After the entry into force of this Protocol, any State which has acceded to the Outline Convention may also accede to the Protocol. 2 Accession shall be effected by the deposit with the Secretary General of the Council of Europe of an instrument of accession which shall take effect three months after the date of its deposit.

text: Article 12

text: Any Contracting Party may, at any time, denounce this Protocol by means of notification addressed to the Secretary General of the Council of Europe. 2 Such denunciation shall become effective six months after the date of receipt of the notification by the Secretary General.

text: Article 13

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State which has acceded to this Protocol of: a any declarations submitted by the Contracting Parties in conformity with

text: Article 8

text: ; b any signature; c the deposit of any instrument of ratification, acceptance, approval or accession; d any date of entry into force of this Protocol, in accordance with

text: Articles 11

text: and 12; e any other measure, notification or communication relating to this Protocol.

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 9th day of November 1995, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to this Protocol.

text: Article 14


doctype: treaty

identifier: ETS No. 160

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 160

title: European Convention on the Exercise of Children's Rights

text: European Treaty Series - No. 160

type: stycke

text: European Convention on the Exercise of Children's Rights

text: Strasbourg, 25.I.1996

text: Preamble

text: The member States of the Council of Europe and the other States signatory hereto, Considering that the aim of the Council of Europe is to achieve greater unity between its members; Having regard to the United Nations

text: Convention on the rights of the child

text: and in particular

text: Article 4

text: which requires States Parties to undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognised in the said Convention; Noting the contents of Recommendation 1121 (1990) of the Parliamentary Assembly on the rights of the child; Convinced that the rights and best interests of children should be promoted and to that end children should have the opportunity to exercise their rights, in particular in family proceedings affecting them; Recognising that children should be provided with relevant information to enable such rights and best interests to be promoted and that due weight should be given to the views of children; Recognising the importance of the parental role in protecting and promoting the rights and best interests of children and considering that, where necessary, States should also engage in such protection and promotion; Considering, however, that in the event of conflict it is desirable for families to try to reach agreement before bringing the matter before a judicial authority, Have agreed as follows:

text: Chapter I – Scope and object of the Convention and definitions

type: rubrik

text: This Convention shall apply to children who have not reached the age of 18 years.

text: _____ (*) The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community entered into force on 1 December 2009. As a consequence, as from that date, any reference to the European Economic Community shall be read as the European Union.

text: ETS 160 – Exercise of Children’s Rights, 25.I.1996 __________________________________________________________________________________

text: The object of the present Convention is, in the best interests of children, to promote their rights, to grant them procedural rights and to facilitate the exercise of these rights by ensuring that children are, themselves or through other persons or bodies, informed and allowed to participate in proceedings affecting them before a judicial authority.

text: For the purposes of this Convention proceedings before a judicial authority affecting children are family proceedings, in particular those involving the exercise of parental responsibilities such as residence and access to children.

text: Every State shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, specify at least three categories of family cases before a judicial authority to which this Convention is to apply.

text: Any Party may, by further declaration, specify additional categories of family cases to which this Convention is to apply or provide information concerning the application of

text: Article 5

text: , paragraph 2 of

text: Article 9

text: , paragraph 2 of

text: Article 10

text: and

text: Article 11

text: Nothing in this Convention shall prevent Parties from applying rules more favourable to the promotion and the exercise of children's rights.

text: Article 1 – Scope and object of the Convention

type: artikel

text: For the purposes of this Convention:

ordinal: a

text: the term "judicial authority" means a court or an administrative authority having equivalent powers;

type: punkt

ordinal: b

text: the term "holders of parental responsibilities" means parents and other persons or bodies entitled to exercise some or all parental responsibilities;

ordinal: c

text: the term "representative" means a person, such as a lawyer, or a body appointed to act before a judicial authority on behalf of a child;

ordinal: d

text: the term "relevant information" means information which is appropriate to the age and understanding of the child, and which will be given to enable the child to exercise his or her rights fully unless the provision of such information were contrary to the welfare of the child.

text: Article 2 – Definitions

text: Chapter II – Procedural measures to promote the exercise of children's rights

text: A. Procedural rights of a child

text: A child considered by internal law as having sufficient understanding, in the case of proceedings before a judicial authority affecting him or her, shall be granted, and shall be entitled to request, the following rights:

text: to receive all relevant information;

text: to be consulted and express his or her views;

text: to be informed of the possible consequences of compliance with these views and the possible consequences of any decision.

text: Article 3 – Right to be informed and to express his or her views in proceedings

text: Subject to

text: Article 9

text: , the child shall have the right to apply, in person or through other persons or bodies, for a special representative in proceedings before a judicial authority affecting the child where internal law precludes the holders of parental responsibilities from representing the child as a result of a conflict of interest with the latter. 2 States are free to limit the right in paragraph 1 to children who are considered by internal law to have sufficient understanding.

text: Article 4 – Right to apply for the appointment of a special representative

text: Parties shall consider granting children additional procedural rights in relation to proceedings before a judicial authority affecting them, in particular: a the right to apply to be assisted by an appropriate person of their choice in order to help them express their views; b the right to apply themselves, or through other persons or bodies, for the appointment of a separate representative, in appropriate cases a lawyer; c the right to appoint their own representative; d the right to exercise some or all of the rights of parties to such proceedings.

text: B. Role of judicial authorities

text: Article 5 – Other possible procedural rights

text: In proceedings affecting a child, the judicial authority, before taking a decision, shall: a consider whether it has sufficient information at its disposal in order to take a decision in the best interests of the child and, where necessary, it shall obtain further information, in particular from the holders of parental responsibilities; b in a case where the child is considered by internal law as having sufficient understanding: – ensure that the child has received all relevant information; – consult the child in person in appropriate cases, if necessary privately, itself or through other persons or bodies, in a manner appropriate to his or her understanding, unless this would be manifestly contrary to the best interests of the child; – allow the child to express his or her views; c give due weight to the views expressed by the child.

text: Article 6 – Decision-making process

text: In proceedings affecting a child the judicial authority shall act speedily to avoid any unnecessary delay and procedures shall be available to ensure that its decisions are rapidly enforced. In urgent cases the judicial authority shall have the power, where appropriate, to take decisions which are immediately enforceable.

text: Article 7 – Duty to act speedily

text: In proceedings affecting a child the judicial authority shall have the power to act on its own motion in cases determined by internal law where the welfare of a child is in serious danger.

text: Article 8 – Acting on own motion

text: In proceedings affecting a child where, by internal law, the holders of parental responsibilities are precluded from representing the child as a result of a conflict of interest between them and the child, the judicial authority shall have the power to appoint a special representative for the child in those proceedings. 2 Parties shall consider providing that, in proceedings affecting a child, the judicial authority shall have the power to appoint a separate representative, in appropriate cases a lawyer, to represent the child.

text: C. Role of representatives

text: Article 9 – Appointment of a representative

text: In the case of proceedings before a judicial authority affecting a child the representative shall, unless this would be manifestly contrary to the best interests of the child: a provide all relevant information to the child, if the child is considered by internal law as having sufficient understanding; b provide explanations to the child if the child is considered by internal law as having sufficient understanding, concerning the possible consequences of compliance with his or her views and the possible consequences of any action by the representative; c determine the views of the child and present these views to the judicial authority. 2 Parties shall consider extending the provisions of paragraph 1 to the holders of parental responsibilities.

text: D. Extension of certain provisions

text: Article 10

text: Parties shall consider extending the provisions of

text: Articles 3

text: , 4 and 9 to proceedings affecting children before other bodies and to matters affecting children which are not the subject of proceedings.

text: E. National bodies

text: Article 11

text: to provide general information concerning the exercise of children's rights to the media, the public and persons and bodies dealing with questions relating to children; d to seek the views of children and provide them with relevant information.

text: Parties shall encourage, through bodies which perform, inter alia, the functions set out in paragraph 2, the promotion and the exercise of children's rights. 2 The functions are as follows: a to make proposals to strengthen the law relating to the exercise of children's rights; b to give opinions concerning draft legislation relating to the exercise of children's rights;

text: F. Other matters

text: Article 12

text: In order to prevent or resolve disputes or to avoid proceedings before a judicial authority affecting children, Parties shall encourage the provision of mediation or other processes to resolve disputes and the use of such processes to reach agreement in appropriate cases to be determined by Parties.

text: Article 13 – Mediation or other processes to resolve disputes

text: Where internal law provides for legal aid or advice for the representation of children in proceedings before a judicial authority affecting them, such provisions shall apply in relation to the matters covered by

text: Articles 4

text: and 9.

text: Article 14 – Legal aid and advice

text: This Convention shall not restrict the application of any other international instrument which deals with specific issues arising in the context of the protection of children and families, and to which a Party to this Convention is, or becomes, a Party.

text: Article 15 – Relations with other international instruments

text: Chapter III – Standing Committee

text: A Standing Committee is set up for the purposes of this Convention. 2 The Standing Committee shall keep under review problems relating to this Convention. It may, in particular: a consider any relevant questions concerning the interpretation or implementation of the Convention. The Standing Committee's conclusions concerning the implementation of the Convention may take the form of a recommendation; recommendations shall be adopted by a three-quarters majority of the votes cast; b propose amendments to the Convention and examine those proposed in accordance with

text: Article 20

text: ; c provide advice and assistance to the national bodies having the functions under paragraph 2 of

text: Article 12

text: and promote international co-operation between them.

text: Article 16 – Establishment and functions of the Standing Committee

text: Each Party may be represented on the Standing Committee by one or more delegates. Each Party shall have one vote. 2 Any State referred to in

text: Article 21

text: , which is not a Party to this Convention, may be represented in the Standing Committee by an observer. The same applies to any other State or to the European Community after having been invited to accede to the Convention in accordance with the provisions of

text: Article 22

text: Unless a Party has informed the Secretary General of its objection, at least one month before the meeting, the Standing Committee may invite the following to attend as observers at all its meetings or at one meeting or part of a meeting:

text: – any State not referred to in paragraph 2 above;

text: – the United Nations Committee on the Rights of the Child;

text: – the European Community;

text: – any international governmental body;

text: – any international non-governmental body with one or more functions mentioned under paragraph 2 of

text: Article 12

text: – any national governmental or non-governmental body with one or more functions mentioned under paragraph 2 of

text: Article 12

text: The Standing Committee may exchange information with relevant organisations dealing with the exercise of children's rights.

text: Article 17 – Composition

text: At the end of the third year following the date of entry into force of this Convention and, on his or her own initiative, at any time after this date, the Secretary General of the Council of Europe shall invite the Standing Committee to meet.

text: Decisions may only be taken in the Standing Committee if at least one-half of the Parties are present.

text: Subject to

text: Articles 16

text: and 20 the decisions of the Standing Committee shall be taken by a majority of the members present.

text: Subject to the provisions of this Convention the Standing Committee shall draw up its own rules of procedure and the rules of procedure of any working party it may set up to carry out all appropriate tasks under the Convention.

text: Article 18 – Meetings

text: After each meeting, the Standing Committee shall forward to the Parties and the Committee of Ministers of the Council of Europe a report on its discussions and any decisions taken.

text: Article 19 – Reports of the Standing Committee

text: Chapter IV – Amendments to the Convention

text: Any amendment to the articles of this Convention proposed by a Party or the Standing Committee shall be communicated to the Secretary General of the Council of Europe and forwarded by him or her, at least two months before the next meeting of the Standing Committee, to the member States of the Council of Europe, any signatory, any Party, any State invited to sign this Convention in accordance with the provisions of

text: Article 21

text: and any State or the European Community invited to accede to it in accordance with the provisions of

text: Article 22

text: Any amendment proposed in accordance with the provisions of the preceding paragraph shall be examined by the Standing Committee which shall submit the text adopted by a threequarters majority of the votes cast to the Committee of Ministers for approval. After its approval, this text shall be forwarded to the Parties for acceptance.

text: Any amendment shall enter into force on the first day of the month following the expiration of a period of one month after the date on which all Parties have informed the Secretary General that they have accepted it.

text: Article 20

text: Chapter V – Final clauses

text: This Convention shall be open for signature by the member States of the Council of Europe and the non-member States which have participated in its elaboration.

text: This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three States, including at least two member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of the preceding paragraph.

text: In respect of any signatory which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of its instrument of ratification, acceptance or approval.

text: Article 21 – Signature, ratification and entry into force

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, on its own initiative or following a proposal from the Standing Committee and after consultation of the Parties, invite any non-member State of the Council of Europe, which has not participated in the elaboration of the Convention, as well as the European Community to accede to this Convention by a decision taken by the majority provided for in

text: Article 20

text: , sub-paragraph d of the Statute of the Council of Europe, and by the unanimous vote of the representatives of the contracting States entitled to sit on the Committee of Ministers.

text: In respect of any acceding State or the European Community, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 22 – Non-member States and the European Community

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.

text: Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

text: Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

text: Article 23 – Territorial application

text: No reservation may be made to the Convention.

text: Article 24 – Reservations

text: Any Party may at any time denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 2 Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of notification by the Secretary General.

text: Article 25 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council, any signatory, any Party and any other State or the European Community which has been invited to accede to this Convention of: a any signature; b the deposit of any instrument of ratification, acceptance, approval or accession; c any date of entry into force of this Convention in accordance with

text: Articles 21

text: or 22; d any amendment adopted in accordance with

text: Article 20

text: and the date on which such an amendment enters into force; e any declaration made under the provisions of

text: Articles 1

text: and 23; f any denunciation made in pursuance of the provisions of

text: Article 25

text: ; g any other act, notification or communication relating to this Convention.

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention. Done at Strasbourg, the 25th January 1996, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, to the European Community and to any State invited to accede to this Convention.

text: Article 26 – Notifications


identifier: ETS No. 161

reference: ETS No. 161

title: European Agreement relating to persons participating in proceedings of the European Court of Human Rights

text: European Treaty Series - No. 161

text: Strasbourg, 5.III.1996

text: The member States of the Council of Europe, signatories hereto,

text: Having regard to the

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

text: , signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention");

text: Recalling the European Agreement relating to Persons Participating in Proceedings of the European Commission and Court of Human Rights, signed at London on 6 May 1969;

text: Having regard to Protocol No. 11 to the Convention, restructuring the control machinery established thereby, signed at Strasbourg on 11 May 1994 (hereinafter referred to as "Protocol No. 11 to the Convention"), which establishes a permanent European Court of Human Rights (hereinafter referred to as "the Court") to replace the European Commission and Court of Human Rights;

text: Considering, in the light of this development, that it is advisable for the better fulfilment of the purposes of the Convention that persons taking part in proceedings before the Court be accorded certain immunities and facilities by a new Agreement, the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights (hereinafter referred to as "this Agreement"),

text: Have agreed as follows:

text: any persons taking part in proceedings instituted before the Court as parties, their representatives and advisers;

text: witnesses and experts called upon by the Court and other persons invited by the President of the Court to take part in proceedings.

text: The persons to whom this Agreement applies are:

text: For the purposes of this Agreement, the term "Court" shall include committees, chambers, a panel of the Grand Chamber, the Grand Chamber and the judges. The term "taking part in proceedings" shall include making communications with a view to a complaint against a State Party to the Convention.

text: If in the course of the exercise by the Committee of Ministers of its functions under Article 46, paragraph 2, of the Convention, any person mentioned in paragraph 1 above is called upon to appear before, or to submit written statements to the Committee of Ministers, the provisions of this Agreement shall apply in relation to him.

text: ETS 161 – Human Rights (Participation in Proceedings of the Court), 5.III.1996 __________________________________________________________________________________

text: Article 1

text: The persons referred to in paragraph 1 of

text: Article 1

text: of this Agreement shall have immunity from legal process in respect of oral or written statements made, or documents or other evidence submitted by them before or to the Court.

text: This immunity does not apply to communication outside the Court of any such statements, documents or evidence submitted to the Court.

text: Article 2

text: The Contracting Parties shall respect the right of the persons referred to in paragraph 1 of

text: Article 1

text: of this Agreement to correspond freely with the Court.

text: their correspondence shall be despatched and delivered without undue delay and without alteration;

text: such persons shall not be subject to disciplinary measures in any form on account of any communication sent through the proper channels to the Court;

text: such persons shall have the right to correspond, and consult out of hearing of other persons, with a lawyer qualified to appear before the courts of the country where they are detained in regard to an application to the Court, or any proceedings resulting therefrom.

text: As regards persons under detention, the exercise of this right shall in particular imply that:

text: In application of the preceding paragraphs, there shall be no interference by a public authority except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, for the detection or prosecution of a criminal offence or for the protection of health.

text: Article 3

text: No restrictions shall be placed on their movement and travel other than such as are in accordance with the law and necessary in a democratic society in the interests of national security or public safety, for the maintenance of ordre public, for the prevention of crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

text: a The Contracting Parties undertake not to hinder the free movement and travel, for the purpose of attending and returning from proceedings before the Court, of persons referred to in paragraph 1 of

text: Article 1

text: of this Agreement.

text: Any Contracting Party may, at the time of signature, ratification, acceptance or approval of this Agreement, declare that the provisions of this paragraph will not apply to its own nationals. Such a declaration may be withdrawn at any time by means of a notification addressed to the Secretary General of the Council of Europe.

text: a Such persons shall not, in countries of transit and in the country where the proceedings take place, be prosecuted or detained or be subjected to any other restriction of their personal liberty in respect of acts or convictions prior to the commencement of the journey.

text: The Contracting Parties undertake to re-admit on his return to their territory any such person who commenced his journey in the said territory.

text: The provisions of paragraphs 1 and 2 of this article shall cease to apply when the person concerned has had, for a period of fifteen consecutive days from the date when his presence is no longer required by the Court, the opportunity of returning to the country from which his journey commenced.

text: Where there is any conflict between the obligations of a Contracting Party resulting from paragraph 2 of this article and those resulting from a Council of Europe convention or from an extradition treaty or other treaty concerning mutual assistance in criminal matters with other Contracting Parties, the provisions of paragraph 2 of this Article shall prevail.

text: Article 4

text: Immunities and facilities are accorded to the persons referred to in paragraph 1 of

text: Article 1

text: of this Agreement solely in order to ensure for them the freedom of speech and the independence necessary for the discharge of their functions, tasks or duties, or the exercise of their rights in relation to the Court.

text: The immunity may be waived by the Court, either ex officio or at the request of any Contracting Party or of any person concerned.

text: Decisions waiving immunity or refusing the waiver shall be accompanied by a statement of reasons.

text: a The Court shall alone be competent to waive, in whole or in part, the immunity provided for in paragraph 1 of

text: Article 2

text: of this Agreement; it has not only the right but the duty to waive immunity in any case where, in its opinion, such immunity would impede the course of justice and waiver in whole or in part would not prejudice the purpose defined in paragraph 1 of this article.

text: If a Contracting Party certifies that waiver of the immunity provided for in paragraph 1 of

text: Article 2

text: of this Agreement is necessary for the purpose of proceedings in respect of an offence against national security, the Court shall waive immunity to the extent specified in the certificate.

text: In the event of the discovery of a fact which might, by its nature, have a decisive influence and which at the time of the decision refusing waiver of immunity was unknown to the author of the request, the latter may make a new request to the Court.

text: Article 5

text: Nothing in this Agreement shall be construed as limiting or derogating from any of the obligations assumed by the Contracting Parties under the Convention or its protocols.

text: Article 6

text: signature without reservation as to ratification, acceptance or approval; or

text: signature, subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

text: This Agreement shall be open for signature by the member States of the Council of Europe, which may express their consent to be bound by:

text: Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: Article 7

text: This Agreement shall enter into force on the first day of the month following the expiration of a period of one month after the date on which ten member States of the Council of Europe have expressed their consent to be bound by the Agreement in accordance with the provisions of

text: Article 7

text: or on the date of entry into force of Protocol No. 11 to the Convention, whichever is the later.

text: In respect of any member State which subsequently expresses its consent to be bound by it, this Agreement shall enter into force on the first day of the month following the expiration of a period of one month after the date of such signature or of the deposit of the instrument of ratification, acceptance or approval.

text: Article 8

text: Any Contracting State may, when depositing its instrument of ratification, acceptance or approval or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Agreement to any territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.

text: This Agreement shall enter into force for any territory or territories specified in a declaration made pursuant to paragraph 1 on the first day of the month following the expiration of one month after the date of receipt of the declaration by the Secretary General.

text: Any declaration made pursuant to paragraph 1 may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down for denunciation in

text: Article 10

text: of this Agreement.

text: Article 9

text: This Agreement shall remain in force indefinitely.

text: Any Contracting Party may, insofar as it is concerned, denounce this Agreement by means of a notification addressed to the Secretary General of the Council of Europe.

text: Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification. Such denunciation shall not have the effect of releasing the Contracting Parties concerned from any obligation which may have arisen under this Agreement in relation to any person referred to in paragraph 1 of

text: Article 1

text: Article 10

text: The Secretary General of the Council of Europe shall notify the member States of the Council of:

text: any signature;

text: the deposit of any instrument of ratification, acceptance or approval;

text: any date of entry into force of this Agreement in accordance with

text: Articles 8

text: and 9 thereof;

text: any other act, notification or communication relating to this Agreement.

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

text: Done at Strasbourg, this 5th day of March 1996, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.

text: Article 11

type: internationell-overenskommelse


doctype: protocol

identifier: ETS No. 162

reference: ETS No. 162

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

text: European Treaty Series - No. 162

text: Council of Europe

text: Strasbourg, 5.III.1996

text: The member States of the Council of Europe, signatories hereto,

text: Having regard to the

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

text: , signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention");

text: Having regard to Protocol No. 11 to the Convention, restructuring the control machinery established thereby, signed at Strasbourg on 11 May 1994 (hereinafter referred to as "Protocol No. 11 to the Convention"), which establishes a permanent European Court of Human Rights (hereinafter referred to as "the Court") to replace the European Commission and Court of Human Rights;

text: Also having regard to Article 51 of the Convention which specifies that judges 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: Recalling the General Agreement on Privileges and Immunities of the Council of Europe, signed at Paris on 2 September 1949, (hereinafter referred to as "the General Agreement"), and its Second, Fourth and Fifth Protocols;

text: Considering that a new Protocol to the General Agreement is advisable to accord privileges and immunities to the judges of the Court,

text: Have agreed as follows:

text: In addition to the privileges and immunities specified in Article 18 of the General Agreement, judges shall be accorded in respect of themselves, their spouses and minor children the privileges and immunities, exemptions and facilities accorded to diplomatic envoys in accordance with international law.

text: Article 1

text: For the purposes of this Protocol, the term "judges" means judges elected in accordance with Article 22 of the Convention as well as any ad hoc judge appointed by a State Party concerned in pursuance of Article 27, paragraph 2, of the Convention.

text: _____ (*) The Sixth Protocol consolidates into one instrument the relevant provisions of the Fourth and Fifth Protocols. It is applicable to the «new» Court which started to function on 1 November 1998.

text: ETS 162 – Privileges and Immunities (Sixth Protocol), 5.III.1996 __________________________________________________________________________________

text: Article 2

text: In order to secure for the judges 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 judges not for the personal benefit of the individuals themselves but in order to safeguard the independent exercise of their functions. The plenary Court alone shall be competent to waive the immunity of judges; it has not only the right, but is under a duty, to waive the immunity of a judge 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: The provisions of

text: Articles 1

text: , 3 and 4 of this Protocol shall apply to the Registrar of the Court and a Deputy Registrar formally notified as Acting Registrar to the States Parties to the Convention.

text: The provisions of

text: Article 3

text: of this Protocol and Article 18 of the General Agreement shall apply to a Deputy Registrar of the Court.

text: The privileges and immunities referred to in paragraphs 1 and 2 of this Article are accorded to the Registrar and a Deputy Registrar not for the personal benefit of the individuals themselves but to facilitate the discharge of their duties. The plenary Court alone shall be competent to waive the immunity of its Registrar and a Deputy Registrar; it has not only the right, but is under a duty, to waive such immunity 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: The Secretary General of the Council of Europe shall be competent to waive, with the agreement of the President of the Court, the immunity of other staff members of the registry in accordance with the provisions of Article 19 of the General Agreement and having due regard to the considerations set out in paragraph 3.

text: Article 5

text: Documents and papers of the Court, judges and registry, in so far as they relate to the business of the Court, shall be inviolable.

text: The official correspondence and other official communications of the Court, judges and the registry may not be held up or subjected to censorship.

text: Article 6

text: signature without reservation as to ratification, acceptance or approval; or

text: signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

text: This Protocol shall be open for signature by member States of the Council of Europe signatories to the General Agreement, which may express their consent to be bound by:

text: Article 7

text: This Protocol shall enter into force on the first day of the month following the expiration of a period of one month after the date on which three Parties to the General Agreement have expressed their consent to be bound by the Protocol in accordance with the provisions of

text: Article 7

text: As regards any State Party to the General Agreement which shall subsequently sign this Protocol without reservation in respect of ratification, acceptance or approval or which shall ratify, accept or approve it, this Protocol shall enter into force one month after the date of such signature or after the date of deposit of the instrument of ratification, acceptance or approval.

text: Article 8

text: Any State may, at the time of its signature without reservation in respect of ratification, of its ratification or at any time thereafter, declare, by notification addressed to the Secretary General of the Council of Europe, that the present Protocol shall extend to all or any of the territories for whose international relations it is responsible and where the Convention and its Protocols apply.

text: The Protocol shall extend to the territory or territories named in the notification as from the thirtieth day after the receipt of this notification by the Secretary General of the Council of Europe.

text: Any declaration made pursuant to paragraph 1 may, in respect of any territory specified in such declaration, be withdrawn or modified by a notification addressed to the Secretary General. The withdrawal or modification shall become effective on the first day of the month following the expiration of one month after the receipt of notification by the Secretary General.

text: Article 9

text: any signature;

text: any date of entry into force of this Protocol in accordance with

text: Articles 8

text: and 9;

text: any other act, notification or communication relating to this Protocol.

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

text: Article 10