doctype: treaty

identifier: ETS No. 001

openingPlace: London

publisher: Council of Europe Treaty Office

reference: ETS No. 001

title: Statute of the Council of Europe

text: European Treaty Series - No. 1

type: stycke

text: Statute of the Council of Europe

text: London, 5.V.1949

text: The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Irish Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland,

text: Convinced that the pursuit of peace based upon justice and international co-operation is vital for the preservation of human society and civilisation;

text: Reaffirming their devotion to the spiritual and moral values which are the common heritage of their peoples and the true source of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy;

text: Believing that, for the maintenance and further realisation of these ideals and in the interests of economic and social progress, there is a need of a closer unity between all like-minded countries of Europe;

text: Considering that, to respond to this need and to the expressed aspirations of their peoples in this regard, it is necessary forthwith to create an organisation which will bring European States into closer association,

text: Have in consequence decided to set up a Council of Europe consisting of a committee of representatives of governments and of a consultative assembly, and have for this purpose adopted the following Statute:

text: Chapter I – Aim of the Council of Europe

type: rubrik

ordinal: a

text: The aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress.

type: punkt

ordinal: b

text: This aim shall be pursued through the organs of the Council by discussion of questions of common concern and by agreements and common action in economic, social, cultural, scientific, legal and administrative matters and in the maintenance and further realisation of human rights and fundamental freedoms.

ordinal: c

text: Participation in the Council of Europe shall not affect the collaboration of its members in the work of the United Nations and of other international organisations or unions to which they are parties.

text: _____ (*) The Statute of the Council of Europe has been numbered "1" in the European Treaty Series. Amendments and texts of a statutory character adopted later have been numbered 6, 7, 8 and 11.

text: ETS 1 – Statute of the Council of Europe, 5.V.1949 __________________________________________________________________________________

ordinal: d

text: Matters relating to national defence do not fall within the scope of the Council of Europe.

text: Article 1

type: artikel

text: Chapter II – Membership

text: The members of the Council of Europe are the Parties to this Statute.

text: Article 2

text: Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council as specified in Chapter I.

text: Article 3

text: Any European State which is deemed to be able and willing to fulfil the provisions of

text: Article 3

text: may be invited to become a member of the Council of Europe by the Committee of Ministers. Any State so invited shall become a member on the deposit on its behalf with the Secretary General of an instrument of accession to the present Statute.

text: Article 4

text: In special circumstances, a European country which is deemed to be able and willing to fulfil the provisions of

text: Article 3

text: may be invited by the Committee of Ministers to become an associate member of the Council of Europe. Any country so invited shall become an associate member on the deposit on its behalf with the Secretary General of an instrument accepting the present Statute. An associate member shall be entitled to be represented in the Consultative Assembly only.

text: The expression "member" in this Statute includes an associate member except when used in connexion with representation on the Committee of Ministers.

text: Article 5

text: Before issuing invitations under

text: Article 4

text: or 5 above, the Committee of Ministers shall determine the number of representatives on the Consultative Assembly to which the proposed member shall be entitled and its proportionate financial contribution.

text: Article 6

text: Any member of the Council of Europe may withdraw by formally notifying the Secretary General of its intention to do so. Such withdrawal shall take effect at the end of the financial year in which it is notified, if the notification is given during the first nine months of that financial year. If the notification is given in the last three months of the financial year, it shall take effect at the end of the next financial year.

text: Article 7

text: Any member of the Council of Europe which has seriously violated

text: Article 3

text: may be suspended from its rights of representation and requested by the Committee of Ministers to withdraw under

text: Article 7

text: . If such member does not comply with this request, the Committee may decide that it has ceased to be a member of the Council as from such date as the Committee may determine.

text: Article 8

text: The Committee of Ministers may suspend the right of representation on the Committee and on the Consultative Assembly of a member which has failed to fulfil its financial obligation during such period as the obligation remains unfulfilled.

text: Article 9

text: Chapter III – General

text: The organs of the Council of Europe are: i the Committee of Ministers; ii the Consultative Assembly. Both these organs shall be served by the Secretariat of the Council of Europe.

text: Article 10

text: The seat of the Council of Europe is at Strasbourg.

text: Article 11

text: The official languages of the Council of Europe are English and French. The rules of procedure of the Committee of Ministers and of the Consultative Assembly shall determine in what circumstances and under what conditions other languages may be used.

text: Article 12

text: Chapter IV – Committee of Ministers

text: The Committee of Ministers is the organ which acts on behalf of the Council of Europe in accordance with

text: Articles 15

text: and 16.

text: Article 13

text: Each member shall be entitled to one representative on the Committee of Ministers, and each representative shall be entitled to one vote. Representatives on the Committee shall be the Ministers for Foreign Affairs. When a Minister for Foreign Affairs is unable to be present or in other circumstances where it may be desirable, an alternate may be nominated to act for him, who shall, whenever possible, be a member of his government.

text: Article 14

text: On the recommendation of the Consultative Assembly or on its own initiative, the Committee of Ministers shall consider the action required to further the aim of the Council of Europe, including the conclusion of conventions or agreements and the adoption by governments of a common policy with regard to particular matters. Its conclusions shall be communicated to members by the Secretary General. b In appropriate cases, the conclusions of the Committee may take the form of recommendations to the governments of members, and the Committee may request the governments of members to inform it of the action taken by them with regard to such recommendations. _____ (1) In February 1994 the Committee of Ministers decided to use in future the denomination "Parliamentary Assembly" in all Council of Europe documents.

text: Article 15

text: The Committee of Ministers shall, subject to the provisions of

text: Articles 24

text: , 28, 30, 32, 33 and 35, relating to the powers of the Consultative Assembly, decide with binding effect all matters relating to the internal organisation and arrangements of the Council of Europe. For this purpose the Committee of Ministers shall adopt such financial and administrative arrangements as may be necessary.

text: Article 16

text: The Committee of Ministers may set up advisory and technical committees or commissions for such specific purposes as it may deem desirable.

text: Article 17

text: The Committee of Ministers shall adopt its rules of procedure, which shall determine amongst other things:

ordinal: i

text: the quorum; ii the method of appointment and term of office of its President; iii the procedure for the admission of items to its agenda, including the giving of notice of proposals for resolutions; and iv the notifications required for the nomination of alternates under

text: Article 14

text: Article 18

text: At each session of the Consultative Assembly the Committee of Ministers shall furnish the Assembly with statements of its activities, accompanied by appropriate documentation.

text: Article 19

text: Resolutions of the Committee of Ministers relating to the following important matters, namely:

text: recommendations under

text: Article 15

text: .b; ii questions under

text: Article 19

text: ; iii questions under

text: Article 21

text: .a.i and b; iv questions under

text: Article 33

text: ; v recommendations for the amendment of

text: Articles 1

text: .d, 7, 15, 20 and 22; and vi any other question which the Committee may, by a resolution passed under d below, decide should be subject to a unanimous vote on account of its importance,

text: require the unanimous vote of the representatives casting a vote, and of a majority of the representatives entitled to sit on the Committee.

text: Questions arising under the rules of procedure or under the financial and administrative regulations may be decided by a simple majority vote of the representatives entitled to sit on the Committee.

text: Resolutions of the Committee under

text: Articles 4

text: and 5 require a two-thirds majority of all the representatives entitled to sit on the Committee.

text: All other resolutions of the Committee, including adoption of the budget, of rules of procedure and of financial and administrative regulations, recommendations for the amendment of articles of this Statute, other than those mentioned in paragraph a.v above, and deciding in case of doubt which paragraph of this article applies, require a two-thirds majority of the representatives casting a vote and of a majority of the representatives entitled to sit on the Committee.

text: Article 20

text: Unless the Committee decides otherwise, meetings of the Committee of Ministers shall be held:

text: in private, and ii at the seat of the Council.

text: The Committee shall determine what information shall be published regarding the conclusions and discussions of a meeting held in private.

text: The Committee shall meet before and during the beginning of every session of the Consultative Assembly and at such other times as it may decide.

text: Article 21

text: Chapter V – Consultative Assembly

text: The Consultative Assembly is the deliberative organ of the Council of Europe. It shall debate matters within its competence under this Statute and present its conclusions, in the form of recommendations, to the Committee of Ministers.

text: Article 22

text: The Consultative Assembly may discuss and make recommendations upon any matter within the aim and scope of the Council of Europe as defined in Chapter I. It shall also discuss and may make recommendations upon any matter referred to it by the Committee of Ministers with a request for its opinion.

text: The Assembly shall draw up its agenda in accordance with the provisions of paragraph a above. In so doing, it shall have regard to the work of other European intergovernmental organisations to which some or all of the members of the Council are parties.

text: The President of the Assembly shall decide, in case of doubt, whether any question raised in the course of the session is within the agenda of the Assembly.

text: Article 23

text: The Consultative Assembly may, with due regard to the provisions of

text: Article 38

text: .d, establish committees or commissions to consider and report to it any matter which falls within its competence under

text: Article 23

text: , to examine and prepare questions on its agenda and to advise on all matters of procedure.

text: Article 24

text: The Consultative Assembly shall consist of representatives of each member, elected by its parliament from among the members thereof, or appointed from among the members of that parliament, in such manner as it shall decide, subject, however, to the right of each member government to make any additional appointments necessary when the parliament is not in session and has not laid down the procedure to be followed in that case. Each representative must be a national of the member whom he represents, but shall not at the same time be a member of the Committee of Ministers.

text: _____ (1) As amended in May 1951. (2) First sentence of paragraph a, as amended in May 1951. The last two sub-paragraphs of paragraph a were added in May 1953; first sub-paragraph of paragraph a amended in October 1970.

text: The term of office of representatives thus appointed will date from the opening of the ordinary session following their appointment; it will expire at the opening of the next ordinary session or of a later ordinary session, except that, in the event of elections to their parliaments having taken place, members shall be entitled to make new appointments.

text: If a member fills vacancies due to death or resignation, or proceeds to make new appointments as a result of elections to its parliament, the term of office of the new representatives shall date from the first sitting of the Assembly following their appointment.

text: No representative shall be deprived of his position as such during a session of the Assembly without the agreement of the Assembly.

text: Each representative may have a substitute who may, in the absence of the representative, sit, speak and vote in his place. The provisions of paragraph a above apply to the appointment of substitutes.

text: Article 25

text: Members shall be entitled to the number of representatives given below:

text: Albania 4 Liechtenstein 2 Andorra 2 Lithuania 4 Armenia 4 Luxembourg 3 Austria 6 Malta 3 Azerbaijan 6 Republic of Moldova 5 Belgium 7 Monaco 2 Bosnia and Herzegovina 5 Montenegro 3 Bulgaria 6 Netherlands 7 Croatia 5 North Macedonia 3 Cyprus 3 Norway 5 Czech Republic 7 Poland 12 Denmark 5 Portugal 7 Estonia 3 Romania 10 Finland 5 San Marino 2 France 18 Serbia 7 Georgia 5 Slovak Republic 5 Germany 18 Slovenia 3 Greece 7 Spain 12 Hungary 7 Sweden 6 Iceland 3 Switzerland 6 Ireland 4 Türkiye 18 Italy 18 Ukraine 12 Latvia 3 United Kingdom 18

text: _____ (1) As amended in December 1951, in May 1958, in November 1961, in May 1963, in May 1965, in February 1971, in December 1974, in October 1976, in January 1978, in November 1978, in November 1988, in May 1989, in November 1990, in November 1991, in May 1992, in May 1993, in June 1993, in October 1993, in November 1994, in February 1995, in November 1995, in February 1996, in November 1996, in April 1999, in January 2001, in May 2002, in April 2003, in October 2004, in June 2006, in May 2007, in June 2015 and in April 2022.

text: Article 26

text: The conditions under which the Committee of Ministers collectively may be represented in the debates of the Consultative Assembly, or individual representatives on the Committee or their alternates may address the Assembly, shall be determined by such rules of procedure on this subject as may be drawn up by the Committee after consultation with the Assembly.

text: Article 27

text: The Consultative Assembly shall adopt its rules of procedure and shall elect from members its President, who shall remain in office until the next ordinary session.

text: The President shall control the proceedings but shall not take part in the debate or vote. The substitute of the representative who is President may sit, speak and vote in his place.

text: The rules of procedure shall determine inter alia:

text: the quorum; ii the manner of the election and terms of office of the President and other officers; iii the manner in which the agenda shall be drawn up and be communicated to representatives; iv the time and manner in which the names of representatives and their substitutes shall be notified.

text: Article 28

text: Subject to the provisions of

text: Article 30

text: , all resolutions of the Consultative Assembly, including resolutions:

text: embodying recommendations to the Committee of Ministers; ii proposing to the Committee matters for discussion in the Assembly; iii establishing committees or commissions; iv determining the date of commencement of its sessions; v determining what majority is required for resolutions in cases not covered by sections i to iv above or determining cases of doubt as to what majority is required,

text: shall require a two-thirds majority of the representatives casting a vote.

text: Article 29

text: On matters relating to its internal procedure, which includes the election of officers, the nomination of persons to serve on committees and commissions and the adoption of rules of procedure, resolutions of the Consultative Assembly shall be carried by such majorities as the Assembly may determine in accordance with

text: Article 29

text: .v.

text: Article 30

text: Debates on proposals to be made to the Committee of Ministers that a matter should be placed on the agenda of the Consultative Assembly shall be confined to an indication of the proposed subject-matter and the reasons for and against its inclusion in the agenda.

text: _____ (1) As amended in May 1951.

text: Article 31

text: The Consultative Assembly shall meet in ordinary session once a year, the date and duration of which shall be determined by the Assembly so as to avoid as far as possible overlapping with parliamentary sessions of members and with sessions of the General Assembly of the United Nations. In no circumstances shall the duration of an ordinary session exceed one month unless both the Assembly and the Committee of Ministers concur.

text: Article 32

text: Ordinary sessions of the Consultative Assembly shall be held at the seat of the Council unless both the Assembly and the Committee of Ministers concur that the session should be held elsewhere.

text: Article 33

text: The Consultative Assembly may be convened in extraordinary session, upon the initiative either of the Committee of Ministers or of the President of the Assembly after agreement between them, such agreement also to determine the date and place of the session.

text: Article 34

text: Unless the Consultative Assembly decides otherwise, its debates shall be conducted in public.

text: Article 35

text: Chapter VI – Secretariat

text: The Secretariat shall consist of a Secretary General, a Deputy Secretary General and such other staff as may be required.

text: The Secretary General and Deputy Secretary General shall be appointed by the Consultative Assembly on the recommendation of the Committee of Ministers.

text: The remaining staff of the Secretariat shall be appointed by the Secretary General, in accordance with the administrative regulations.

text: No member of the Secretariat shall hold any salaried office from any government or be a member of the Consultative Assembly or of any national legislature or engage in any occupation incompatible with his duties.

text: Every member of the staff of the Secretariat shall make a solemn declaration affirming that his duty is to the Council of Europe and that he will perform his duties conscientiously, uninfluenced by any national considerations, and that he will not seek or receive instructions in connexion with the performance of his duties from any government or any authority external to the Council and will refrain from any action which might reflect on his position as an international official responsible only to the Council. In the case of the Secretary General and the Deputy Secretary General this declaration shall be made before the Committee, and in the case of all other members of the staff, before the Secretary General.

text: Every member shall respect the exclusively international character of the responsibilities of the Secretary General and the staff of the Secretariat and not seek to influence them in the discharge of their responsibilities.

text: _____ (1) As amended in May 1951.

text: Article 36

text: The Secretariat shall be located at the seat of the Council.

text: The Secretary General is responsible to the Committee of Ministers for the work of the Secretariat. Amongst other things, he shall, subject to

text: Article 38

text: .d, provide such secretariat and other assistance as the Consultative Assembly may require.

text: Article 37

text: Chapter VII – Finance

text: Each member shall bear the expenses of its own representation in the Committee of Ministers and in the Consultative Assembly.

text: The expenses of the Secretariat and all other common expenses shall be shared between all members in such proportions as shall be determined by the Committee on the basis of the population of members.

text: The contributions of an associate member shall be determined by the Committee.

text: In accordance with the financial regulations, the budget of the Council shall be submitted annually by the Secretary General for adoption by the Committee.

text: The Secretary General shall refer to the Committee requests from the Assembly which involve expenditure exceeding the amount already allocated in the budget for the Assembly and its activities.

text: The Secretary General shall also submit to the Committee of Ministers an estimate of the expenditure to which the implementation of each of the recommendations presented to the Committee would give rise. Any resolution the implementation of which requires additional expenditure shall not be considered as adopted by the Committee of Ministers unless the Committee has also approved the corresponding estimates for such additional expenditure.

text: Article 38

text: The Secretary General shall each year notify the government of each member of the amount of its contribution, and each member shall pay to the Secretary General the amount of its contribution, which shall be deemed to be due on the date of its notification, not later than six months after that date.

text: Article 39

text: Chapter VIII – Privileges and immunities

text: The Council of Europe, representatives of members and the Secretariat shall enjoy in the territories of its members such privileges and immunities as are reasonably necessary for the fulfilment of their functions. These immunities shall include immunity for all representatives to the Consultative Assembly from arrest and all legal proceedings in the territories of all members, in respect of words spoken and votes cast in the debates of the Assembly or its committees or commissions.

text: _____ (1) Paragraph e of

text: Article 38

text: was added in May 1951.

text: The members undertake as soon as possible to enter into agreement for the purpose of fulfilling the provisions of paragraph a above. For this purpose the Committee of Ministers shall recommend to the governments of members the acceptance of an agreement defining the privileges and immunities to be granted in the territories of all members. In addition, a special agreement shall be concluded with the Government of the French Republic defining the privileges and immunities which the Council shall enjoy at its seat.

text: Article 40

text: Chapter IX – Amendments

text: Proposals for the amendment of this Statute may be made in the Committee of Ministers or, in the conditions provided for in

text: Article 23

text: , in the Consultative Assembly.

text: The Committee shall recommend and cause to be embodied in a protocol those amendments which it considers to be desirable.

text: An amending protocol shall come into force when it has been signed and ratified on behalf of two-thirds of the members.

text: Notwithstanding the provisions of the preceding paragraphs of this article, amendments to

text: Articles 23

text: to 35, 38 and 39 which have been approved by the Committee and by the Assembly shall come into force on the date of the certificate of the Secretary General, transmitted to the governments of members, certifying that they have been so approved. This paragraph shall not operate until the conclusion of the second ordinary session of the Assembly.

text: Article 41

text: Chapter X – Final provisions

text: This Statute shall be ratified. Ratifications shall be deposited with the Government of the United Kingdom of Great Britain and Northern Ireland.

text: The present Statute shall come into force as soon as seven instruments of ratification have been deposited. The Government of the United Kingdom shall transmit to all signatory governments a certificate declaring that the Statute has entered into force and giving the names of the members of the Council of Europe on that date.

text: Thereafter each other signatory shall become a Party to this Statute as from the date of the deposit of its instrument of ratification.

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

text: Done at London, this 5th day of May 1949, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Government of the United Kingdom which shall transmit certified copies to the other signatory governments.

text: Article 42

title: Statute of the Council of Europe


identifier: ETS No. 002

openingPlace: Paris

reference: ETS No. 002

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

text: European Treaty Series No. 2

text: Paris, 2.IX.1949

text: The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Kingdom of Greece, the Irish Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of Sweden, the Turkish Republic and the United Kingdom of Great Britain and Northern Ireland, Whereas under the provisions of Article 40, paragraph a, of the Statute, the Council of Europe, representatives of members and the Secretariat shall enjoy in the territories of its members such privileges and immunities as are necessary for the exercise of their duties; Whereas under the provisions of paragraph b of the above-mentioned article, the members of the Council have undertaken to enter into an agreement for the purpose of fulfilling the provisions of the said paragraph; Whereas in pursuance of the above-mentioned paragraph b, the Committee of Ministers has recommended to member governments the acceptance of the following provisions, Have agreed as follows:

text: Part I – Personality – Capacity

text: The Council of Europe shall possess juridical personality. It shall have the capacity to conclude contracts, to acquire and dispose of movable and immovable property and to institute legal proceedings. In these matters the Secretary General shall act on behalf of the Council of Europe.

text: Article 1

text: The Secretary General shall co-operate at all times with the competent authorities of the members to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuse in connection with the privileges, immunities, exemptions and facilities enumerated in the present Agreement.

text: ETS 2 – Privileges and Immunities (General Agreement), 2.IX.1949 __________________________________________________________________________________

text: Article 2

text: Part II – Property, funds and assets

text: The Council, its property and assets, wheresoever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case, the Committee of Ministers has expressly authorised the waiver of this immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution or detention of property.

text: Article 3

text: The buildings and premises of the Council shall be inviolable. Its property and assets, wheresoever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of interference whether by administrative, judicial or legislative action.

text: Article 4

text: The archives of the Council, and in general all documents belonging to it or held by it, shall be inviolable wheresoever located.

text: Article 5

text: Without being restricted by financial controls, regulations or financial moratoria of any kind:

text: the Council may hold currency of any kind and operate accounts in any currency;

text: the Council may freely transfer its funds from one country to another or within any country and convert any currency held by it into any other currency;

text: in exercising its rights under sub-paragraphs a and b above, the Council of Europe shall pay due regard to any representations made by the government of a member and shall defer to such representations in so far as it considers this can be done without detriment to the interests of the Council.

text: Article 6

text: The Council, its assets, income and other property shall be exempt:

text: from all direct taxes; the Council will not, however, claim exemption from rates, taxes or dues which are no more than charges for public utility services;

text: from all customs duties and prohibitions and restrictions on imports and exports in respect of articles required by the Council for its official use; articles imported under such exemption will not be sold in the country into which they are imported, except under conditions approved by the government of that country;

text: from all customs duties, and prohibitions and restrictions on imports and exports in respect of its publications.

text: Article 7

text: Part III – Communications

text: The Committee of Ministers and the Secretary General shall enjoy in the territory of each member, for their official communications, treatment at least as favourable as that accorded by that member to the diplomatic missions of any other government.

text: No censorship shall be applied to the official correspondence and other official communications of the Committee of Ministers and of the Secretariat.

text: Article 8

text: Part IV – Representatives of members to the Committee of Ministers

text: Representatives at the Committee of Ministers shall, while exercising their functions and during their journeys to and from the place of meeting, enjoy the following privileges and immunities:

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.

text: The right to use codes and to receive papers or correspondence by courier or in sealed bags.

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.

ordinal: e

text: The same facilities in respect of currency or exchange restrictions as are accorded to representatives of comparable rank of diplomatic missions.

ordinal: f

text: The same immunities and facilities in respect of their personal baggage as are accorded to members of comparable rank of diplomatic missions.

text: Article 9

text: In order to secure for the representatives at the Committee of Ministers 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 10

text: Privileges and immunities are accorded to the representatives of members, not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the Committee of Ministers. Consequently, a member not only has the right, but is under a duty to waive the immunity of its representative in any case where, in the opinion of the member, 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 11

text: The provisions of

text: Articles 9

text: , 10 and 11 are not applicable in relation to the authorities of a State of which the person is a national or of which he is or has been a representative. b In

text: Articles 9

text: , 10, 11 and 12.a above, the expression "representatives" shall be deemed to include all representatives, alternate representatives, advisers, technical experts and secretaries of delegations.

text: Article 12

text: Part V – Representatives to the Consultative Assembly

text: No administrative or other restriction shall be imposed on the free movement to and from the place of meeting of Representatives to the Consultative Assembly and their substitutes. Representatives and their substitutes shall, in the matter of customs and exchange control, be accorded: a by their own government, the same facilities as those accorded to senior officials travelling abroad on temporary official duty; b by the governments of other members, the same facilities as those accorded to representatives of foreign governments on temporary official duty.

text: Article 13

text: Representatives to the Consultative Assembly and their substitutes shall be immune from all official interrogation and from arrest and all legal proceedings in respect of words spoken or votes cast by them in the exercise of their functions.

text: Article 14

text: During the sessions of the Consultative Assembly, the Representatives to the Assembly and their substitutes, whether they be members of Parliament or not, shall enjoy: a on their national territory, the immunities accorded in those countries to members of Parliament; b on the territory of all other member States, exemption from arrest and prosecution. This immunity also applies when they are travelling to and from the place of meeting of the Consultative Assembly. It does not, however, apply when Representatives and their substitutes are found committing, attempting to commit, or just having committed an offence, nor in cases where the Assembly has waived the immunity.

text: Article 15

text: Part VI – Officials of the Council

text: In addition to the immunities and privileges specified in

text: Article 18

text: below, the Secretary General and Deputy Secretary General 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 16

text: The Secretary General will specify the categories of officials to which the provisions of

text: Article 18

text: below shall apply. He shall communicate them to the governments of all members. The names of the officials included in these categories shall from time to time be made known to the above-mentioned governments.

text: Article 17

text: Officials of the Council of Europe shall:

text: be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity and within the limit of their authority;

text: be exempt from taxation on the salaries and emoluments paid to them by the Council of Europe;

text: be immune, together with their spouses and relatives dependent on them, from immigration restrictions and aliens' registration;

text: be accorded the same privileges in respect of exchange facilities as are accorded to officials of comparable rank forming part of diplomatic missions to the government concerned;

text: be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crisis as diplomatic envoys;

text: have the right to import free of duty their furniture and effects at the time of first taking up their post in the country in question, and to re-export the same free of duty to their country of domicile.

text: Article 18

text: Privileges and immunities are granted to officials in the interests of the Council of Europe and not for the personal benefit of the individuals themselves. The Secretary General shall have the right and the duty to waive the immunity of any official in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Council of Europe. In the case of the Secretary General and of the Deputy Secretary General, the Committee of Ministers shall have the right to waive immunity.

text: Article 19

text: Part VII – Supplementary agreements

text: The Council may conclude with any member or members supplementary agreements modifying the provisions of this General Agreement, so far as that member or those members are concerned.

text: Article 20

text: Part VIII – Disputes

text: Any dispute between the Council and private persons regarding supplies furnished, services rendered or immovable property purchased on behalf of the Council, shall be submitted to arbitration, as provided in an administrative order issued by the Secretary General with the approval of the Committee of Ministers.

text: Article 21

text: Part IX – Final provisions

text: The present Agreement shall be ratified. Instruments of ratification shall be deposited with the Secretary General. The Agreement shall come into force as soon as seven signatories have deposited their instruments of ratification.

text: Nevertheless, pending the entry into force of the Agreement in accordance with the provisions of the preceding paragraph, the signatories agree, in order to avoid any delay in the efficient working of the Council, to apply it provisionally from the date of signature, so far as it is possible to do so under their respective constitutional systems.

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

text: Done at Paris, this 2nd day of September 1949, in French and in English, both texts being equally authentic, in a single copy which shall remain in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatories.

text: Article 22


identifier: ETS No. 005

openingPlace: Rome

reference: ETS No. 005

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

text: SFS 1994:1219

text: European Treaty Series - No. 5

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

text: as amended by Protocol No. 15

text: as from its entry into force on 1 August 2021

text: Rome, 4.XI.1950

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

text: Considering the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10th December 1948;

text: Considering that this Declaration aims at securing the universal and effective recognition and observance of the Rights therein declared;

text: Considering that the aim of the Council of Europe is the achievement of greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;

text: Reaffirming their profound belief in those fundamental freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other by a common understanding and observance of the human rights upon which they depend;

text: Being resolved, as the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration;

text: Affirming that the High Contracting Parties, in accordance with the principle of subsidiarity, have the primary responsibility to secure the rights and freedoms defined in this Convention and the Protocols thereto, and that in doing so they enjoy a margin of appreciation, subject to the supervisory jurisdiction of the European Court of Human Rights established by this Convention,

text: Have agreed as follows:

text: The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.

text: Text amended in accordance with the provisions of Protocol No. 15 (CETS No. 213) as from its entry into force on 1 August 2021.

text: ETS 5 – Human Rights (Convention), 4.XI.1950 __________________________________________________________________________________

text: Article 1 – Obligation to respect human rights

text: Section I – Rights and freedoms

text: Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 2 Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: a in defence of any person from unlawful violence; b in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; c in action lawfully taken for the purpose of quelling a riot or insurrection.

text: Article 2 – Right to life

text: No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

text: Article 3 – Prohibition of torture

text: No one shall be held in slavery or servitude. 2 No one shall be required to perform forced or compulsory labour. 3 For the purpose of this article the term "forced or compulsory labour" shall not include: a any work required to be done in the ordinary course of detention imposed according to the provisions of

text: Article 5

text: of this Convention or during conditional release from such detention; b any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service; c any service exacted in case of an emergency or calamity threatening the life or wellbeing of the community; d any work or service which forms part of normal civic obligations.

text: Article 4 – Prohibition of slavery and forced labour

text: the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;

text: the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

text: Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: a the lawful detention of a person after conviction by a competent court; b the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law; c the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; d the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

text: Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.

text: Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

text: Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

text: Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.

text: Article 5 – Right to liberty and security

text: In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

text: Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

text: to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;

text: to have adequate time and facilities for the preparation of his defence;

text: to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

text: to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

text: to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

text: Everyone charged with a criminal offence has the following minimum rights:

text: Article 6 – Right to a fair trial

text: No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.

text: This article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.

text: Article 7 – No punishment without law

text: Everyone has the right to respect for his private and family life, his home and his correspondence.

text: There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

text: Article 8 – Right to respect for private and family life

text: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.

text: Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

text: Article 9 – Freedom of thought, conscience and religion

text: Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

text: The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

text: Article 10 – Freedom of expression

text: Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

text: No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

text: Article 11 – Freedom of assembly and association

text: Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.

text: Article 12 – Right to marry

text: Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.

text: Article 13 – Right to an effective remedy

text: The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

text: Article 14 – Prohibition of discrimination

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

text: No derogation from

text: Article 2

text: , except in respect of deaths resulting from lawful acts of war, or from

text: Articles 3

text: , 4 (paragraph 1) and 7 shall be made under this provision.

text: Any High 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 of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed.

text: Article 15 – Derogation in time of emergency

text: Nothing in

text: Articles 10

text: , 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens.

text: Article 16 – Restrictions on political activity of aliens

text: Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.

text: Article 17 – Prohibition of abuse of rights

text: The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.

text: Article 18 – Limitation on use of restrictions on rights

text: Section II – European Court of Human Rights

text: To ensure the observance of the engagements undertaken by the High Contracting Parties in the Convention and the Protocols thereto, there shall be set up a European Court of Human Rights, hereinafter referred to as "the Court". It shall function on a permanent basis.

text: Article 19 – Establishment of the Court

text: The Court shall consist of a number of judges equal to that of the High Contracting Parties.

text: Article 20 – Number of judges

text: The judges shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence. 2 Candidates shall be less than 65 years of age at the date by which the list of three candidates has been requested by the Parliamentary Assembly, further to

text: Article 22

text: . 3 The judges shall sit on the Court in their individual capacity. 4 During their term of office the judges shall not engage in any activity which is incompatible with their independence, impartiality or with the demands of a full-time office; all questions arising from the application of this paragraph shall be decided by the Court.

text: Article 21 – Criteria for office

text: The judges shall be elected by the Parliamentary Assembly with respect to each High Contracting Party by a majority of votes cast from a list of three candidates nominated by the High Contracting Party.

text: Article 22 – Election of judges

text: The judges shall be elected for a period of nine years. They may not be re-elected. 2 The judges shall hold office until replaced. They shall, however, continue to deal with such cases as they already have under consideration. 3 No judge may be dismissed from office unless the other judges decide by a majority of twothirds that that judge has ceased to fulfil the required conditions.

text: Article 23 – Terms of office and dismissal

text: The Court shall have a registry, the functions and organisation of which shall be laid down in the rules of the Court. 2 When sitting in a single-judge formation, the Court shall be assisted by rapporteurs who shall function under the authority of the President of the Court. They shall form part of the Court’s registry.

text: Article 24 – Registry and rapporteurs

text: The plenary Court shall a elect its President and one or two Vice-Presidents for a period of three years; they may be re-elected; b set up Chambers, constituted for a fixed period of time; c elect the Presidents of the Chambers of the Court; they may be re-elected; d adopt the rules of the Court; e elect the Registrar and one or more Deputy Registrars; f make any request under

text: Article 26

text: , paragraph 2.

text: Article 25 – Plenary Court

text: To consider cases brought before it, the Court shall sit in a single-judge formation, in committees of three judges, in Chambers of seven judges and in a Grand Chamber of seventeen judges. The Court’s Chambers shall set up committees for a fixed period of time.

text: At the request of the plenary Court, the Committee of Ministers may, by a unanimous decision and for a fixed period, reduce to five the number of judges of the Chambers.

text: When sitting as a single judge, a judge shall not examine any application against the High Contracting Party in respect of which that judge has been elected.

text: There shall sit as an ex officio member of the Chamber and the Grand Chamber the judge elected in respect of the High Contracting Party concerned. If there is none or if that judge is unable to sit, a person chosen by the President of the Court from a list submitted in advance by that Party shall sit in the capacity of judge.

text: The Grand Chamber shall also include the President of the Court, the Vice-Presidents, the Presidents of the Chambers and other judges chosen in accordance with the rules of the Court. When a case is referred to the Grand Chamber under

text: Article 43

text: , no judge from the Chamber which rendered the judgment shall sit in the Grand Chamber, with the exception of the President of the Chamber and the judge who sat in respect of the High Contracting Party concerned.

text: Article 26 – Single-judge formation, committees, Chambers and Grand Chamber

text: A single judge may declare inadmissible or strike out of the Court’s list of cases an application submitted under

text: Article 34

text: , where such a decision can be taken without further examination.

text: The decision shall be final.

text: If the single judge does not declare an application inadmissible or strike it out, that judge shall forward it to a committee or to a Chamber for further examination.

text: Article 27 – Competence of single judges

text: declare it inadmissible or strike it out of its list of cases, where such decision can be taken without further examination; or

text: declare it admissible and render at the same time a judgment on the merits, if the underlying question in the case, concerning the interpretation or the application of the Convention or the Protocols thereto, is already the subject of well-established case-law of the Court.

text: In respect of an application submitted under

text: Article 34

text: , a committee may, by a unanimous vote,

text: Decisions and judgments under paragraph 1 shall be final.

text: If the judge elected in respect of the High Contracting Party concerned is not a member of the committee, the committee may at any stage of the proceedings invite that judge to take the place of one of the members of the committee, having regard to all relevant factors, including whether that Party has contested the application of the procedure under paragraph 1.b.

text: Article 28 – Competence of committees

text: If no decision is taken under

text: Article 27

text: or 28, or no judgment rendered under

text: Article 28

text: , a Chamber shall decide on the admissibility and merits of individual applications submitted under

text: Article 34

text: . The decision on admissibility may be taken separately.

text: A Chamber shall decide on the admissibility and merits of inter-State applications submitted under

text: Article 33

text: . The decision on admissibility shall be taken separately unless the Court, in exceptional cases, decides otherwise.

text: Article 29 – Decisions by Chambers on admissibility and merits

text: Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber.

text: Article 30 – Relinquishment of jurisdiction to the Grand Chamber

text: The Grand Chamber shall: a determine applications submitted either under

text: Article 33

text: or

text: Article 34

text: when a Chamber has relinquished jurisdiction under

text: Article 30

text: or when the case has been referred to it under

text: Article 43

text: ; b decide on issues referred to the Court by the Committee of Ministers in accordance with

text: Article 46

text: , paragraph 4; and c consider requests for advisory opinions submitted under

text: Article 47

text: Article 31 – Powers of the Grand Chamber

text: The jurisdiction of the Court shall extend to all matters concerning the interpretation and application of the Convention and the protocols thereto which are referred to it as provided in

text: Articles 33

text: , 34, 46 and 47. 2 In the event of dispute as to whether the Court has jurisdiction, the Court shall decide.

text: Article 32 – Jurisdiction of the Court

text: Any High Contracting Party may refer to the Court any alleged breach of the provisions of the Convention and the protocols thereto by another High Contracting Party.

text: Article 33 – Inter-State cases

text: The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.

text: Article 34 – Individual applications

text: is substantially the same as a matter that has already been examined by the Court or has already been submitted to another procedure of international investigation or settlement and contains no relevant new information.

text: The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognised rules of international law, and within a period of four months from the date on which the final decision was taken. 2 The Court shall not deal with any application submitted under

text: Article 34

text: that a is anonymous; or

text: the application is incompatible with the provisions of the Convention or the Protocols thereto, manifestly ill-founded, or an abuse of the right of individual application; or

text: the applicant has not suffered a significant disadvantage, unless respect for human rights as defined in the Convention and the Protocols thereto requires an examination of the application on the merits.

text: The Court shall declare inadmissible any individual application submitted under

text: Article 34

text: if it considers that:

text: The Court shall reject any application which it considers inadmissible under this Article. It may do so at any stage of the proceedings.

text: Article 35 – Admissibility criteria

text: In all cases before a Chamber or the Grand Chamber, a High Contracting Party one of whose nationals is an applicant shall have the right to submit written comments and to take part in hearings.

text: The President of the Court may, in the interest of the proper administration of justice, invite any High Contracting Party which is not a party to the proceedings or any person concerned who is not the applicant to submit written comments or take part in hearings.

text: In all cases before a Chamber or the Grand Chamber, the Council of Europe Commissioner for Human Rights may submit written comments and take part in hearings.

text: Article 36 – Third party intervention

text: the applicant does not intend to pursue his application; or

text: the matter has been resolved; or

text: for any other reason established by the Court, it is no longer justified to continue the examination of the application.

text: The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that:

text: However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the protocols thereto so requires.

text: The Court may decide to restore an application to its list of cases if it considers that the circumstances justify such a course.

text: Article 37 – Striking out applications

text: The Court shall examine the case together with the representatives of the parties and, if need be, undertake an investigation, for the effective conduct of which the High Contracting Parties concerned shall furnish all necessary facilities.

text: Article 38 – Examination of the case

text: At any stage of the proceedings, the Court may place itself at the disposal of the parties concerned with a view to securing a friendly settlement of the matter on the basis of respect for human rights as defined in the Convention and the Protocols thereto. 2 Proceedings conducted under paragraph 1 shall be confidential. 3 If a friendly settlement is effected, the Court shall strike the case out of its list by means of a decision which shall be confined to a brief statement of the facts and of the solution reached. 4 This decision shall be transmitted to the Committee of Ministers, which shall supervise the execution of the terms of the friendly settlement as set out in the decision.

text: Article 39 – Friendly settlements

text: Hearings shall be in public unless the Court in exceptional circumstances decides otherwise. 2 Documents deposited with the Registrar shall be accessible to the public unless the President of the Court decides otherwise.

text: Article 40 – Public hearings and access to documents

text: If the Court finds that there has been a violation of the Convention or the protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.

text: Article 41 – Just satisfaction

text: Judgments of Chambers shall become final in accordance with the provisions of

text: Article 44

text: , paragraph 2.

text: Article 42 – Judgments of Chambers

text: Within a period of three months from the date of the judgment of the Chamber, any party to the case may, in exceptional cases, request that the case be referred to the Grand Chamber. 2 A panel of five judges of the Grand Chamber shall accept the request if the case raises a serious question affecting the interpretation or application of the Convention or the protocols thereto, or a serious issue of general importance. 3 If the panel accepts the request, the Grand Chamber shall decide the case by means of a judgment.

text: Article 43 – Referral to the Grand Chamber

text: The judgment of the Grand Chamber shall be final. 2 The judgment of a Chamber shall become final: a when the parties declare that they will not request that the case be referred to the Grand Chamber; or b three months after the date of the judgment, if reference of the case to the Grand Chamber has not been requested; or c when the panel of the Grand Chamber rejects the request to refer under

text: Article 43

text: . 3 The final judgment shall be published.

text: Article 44 – Final judgments

text: Reasons shall be given for judgments as well as for decisions declaring applications admissible or inadmissible.

text: If a judgment does not represent, in whole or in part, the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion.

text: Article 45 – Reasons for judgments and decisions

text: The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties.

text: The final judgment of the Court shall be transmitted to the Committee of Ministers, which shall supervise its execution.

text: If the Committee of Ministers considers that the supervision of the execution of a final judgment is hindered by a problem of interpretation of the judgment, it may refer the matter to the Court for a ruling on the question of interpretation. A referral decision shall require a majority vote of two thirds of the representatives entitled to sit on the Committee.

text: If the Committee of Ministers considers that a High Contracting Party refuses to abide by a final judgment in a case to which it is a party, it may, after serving formal notice on that Party and by decision adopted by a majority vote of two thirds of the representatives entitled to sit on the Committee, refer to the Court the question whether that Party has failed to fulfil its obligation under paragraph 1.

text: If the Court finds a violation of paragraph 1, it shall refer the case to the Committee of Ministers for consideration of the measures to be taken. If the Court finds no violation of paragraph 1, it shall refer the case to the Committee of Ministers, which shall close its examination of the case.

text: Article 46 – Binding force and execution of judgments

text: The Court may, at the request of the Committee of Ministers, give advisory opinions on legal questions concerning the interpretation of the Convention and the protocols thereto.

text: Such opinions shall not deal with any question relating to the content or scope of the rights or freedoms defined in Section I of the Convention and the protocols thereto, or with any other question which the Court or the Committee of Ministers might have to consider in consequence of any such proceedings as could be instituted in accordance with the Convention.

text: Decisions of the Committee of Ministers to request an advisory opinion of the Court shall require a majority vote of the representatives entitled to sit on the Committee.

text: Article 47 – Advisory opinions

text: The Court shall decide whether a request for an advisory opinion submitted by the Committee of Ministers is within its competence as defined in

text: Article 47

text: Article 48 – Advisory jurisdiction of the Court

text: Reasons shall be given for advisory opinions of the Court.

text: If the advisory opinion does not represent, in whole or in part, the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion.

text: Advisory opinions of the Court shall be communicated to the Committee of Ministers.

text: Article 49 – Reasons for advisory opinions

text: The expenditure on the Court shall be borne by the Council of Europe.

text: Article 50 – Expenditure on the Court

text: The judges shall be entitled, during the exercise of their functions, to the privileges and immunities provided for in

text: Article 40

text: of the Statute of the Council of Europe and in the agreements made thereunder.

text: Article 51 – Privileges and immunities of judges

text: Section III – Miscellaneous provisions

text: On receipt of a request from the Secretary General of the Council of Europe any High Contracting Party shall furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of the Convention.

text: Article 52 – Inquiries by the Secretary General

text: Nothing in this Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms which may be ensured under the laws of any High Contracting Party or under any other agreement to which it is a Party.

text: Article 53 – Safeguard for existing human rights

text: Nothing in this Convention shall prejudice the powers conferred on the Committee of Ministers by the Statute of the Council of Europe.

text: Article 54 – Powers of the Committee of Ministers

text: The High Contracting Parties agree that, except by special agreement, they will not avail themselves of treaties, conventions or declarations in force between them for the purpose of submitting, by way of petition, a dispute arising out of the interpretation or application of this Convention to a means of settlement other than those provided for in this Convention.

text: Article 55 – Exclusion of other means of dispute settlement

text: Any State may at the time of its ratification or at any time thereafter declare by notification addressed to the Secretary General of the Council of Europe that the present Convention shall, subject to paragraph 4 of this Article, extend to all or any of the territories for whose international relations it is responsible.

text: The Convention 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: The provisions of this Convention shall be applied in such territories with due regard, however, to local requirements.

text: Any State which has made a declaration in accordance with paragraph 1 of this article may at any time thereafter declare on behalf of one or more of the territories to which the declaration relates that it accepts the competence of the Court to receive applications from individuals, non-governmental organisations or groups of individuals as provided by

text: Article 34

text: of the Convention.

text: Article 56 – Territorial application

text: Any State 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 provision. Reservations of a general character shall not be permitted under this article.

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

text: Article 57 – Reservations

text: A High Contracting Party may denounce the present Convention only after the expiry of five years from the date on which it became a party to it and after six months' notice contained in a notification addressed to the Secretary General of the Council of Europe, who shall inform the other High Contracting Parties.

text: Such a denunciation shall not have the effect of releasing the High Contracting Party concerned from its obligations under this Convention in respect of any act which, being capable of constituting a violation of such obligations, may have been performed by it before the date at which the denunciation became effective.

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

text: The Convention may be denounced in accordance with the provisions of the preceding paragraphs in respect of any territory to which it has been declared to extend under the terms of

text: Article 56

text: Article 58 – Denunciation

text: This Convention shall be open to the signature of the members of the Council of Europe. It shall be ratified. Ratifications shall be deposited with the Secretary General of the Council of Europe.

text: The European Union may accede to this Convention.

text: The present Convention shall come into force after the deposit of ten instruments of ratification.

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 High Contracting Parties who have ratified it, and the deposit of all instruments of ratification which may be effected subsequently.

text: Done at Rome this 4th day of November 1950, in English and French, both texts being equally authentic, 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: (*) This page contains the text of the Convention as amended by its Protocol No. 15 (CETS No. 213) as from the date of its entry into force on 1 August 2021. The text of the Convention had been previously amended according to the provisions of Protocol No. 3 (ETS No. 45), which entered into force on 21 September 1970, of Protocol No. 5 (ETS No. 55), which entered into force on 20 December 1971, of Protocol No. 8 (ETS No. 118), which entered into force on 1 January 1990, of Protocol No. 11 (ETS No. 155) which entered into force on 1 November 1998 and of Protocol No. 14 (CETS No. 194), which entered into force on 1 June 2010, and comprised also the text of Protocol No. 2 (ETS No. 44) which, in accordance with

text: Article 5

text: , paragraph 3 thereof, had been an integral part of the Convention since its entry into force on 21 September 1970. As of the entry into force of Protocol No. 11 (ETS No. 155), on 1 November 1998, Protocol No. 9 (ETS No. 140), which entered into force on 1 October 1994, was repealed and Protocol No. 10 (ETS no. 146) had lost its purpose.

text: Article 59 – Signature and ratification


doctype: protocol

identifier: ETS No. 009

reference: ETS No. 009

title: Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

text: SFS 1994:1219

text: European Treaty Series - No. 9

text: as amended by Protocol No. 11

text: Paris, 20.III.1952

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

text: Being resolved to take steps to ensure the collective enforcement of certain rights and freedoms other than those already included in Section I of the

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

text: Have agreed as follows:

text: Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

text: The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

text: Article 1 – Protection of property

text: No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.

text: Article 2 – Right to education

text: The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.

text: _____ (*) Headings of articles added and text amended according to the provisions of Protocol No. 11 (ETS No. 155) as of its entry into force on 1 November 1998.

text: ETS No. 9 – Human Rights and Fundamental Freedoms (Protocol), 20.III.1952 __________________________________________________________________________________

text: Article 3 – Right to free elections

text: Any High Contracting Party may at the time of signature or ratification or at any time thereafter communicate to the Secretary General of the Council of Europe a declaration stating the extent to which it undertakes that the provisions of the present Protocol shall apply to such of the territories for the international relations of which it is responsible as are named therein.

text: Any High Contracting Party which has communicated a declaration in virtue of the preceding paragraph may from time to time communicate a further declaration modifying the terms of any former declaration or terminating the application of the provisions of this Protocol in respect of any territory.

text: A declaration made in accordance with this article shall be deemed to have been made in accordance with paragraph 1 of Article 56 of the Convention.

text: Article 4 – Territorial application

text: As between the High Contracting Parties the provisions of

text: Articles 1

text: , 2, 3 and 4 of this Protocol shall be regarded as additional articles to the Convention and all the provisions of the Convention shall apply accordingly.

text: Article 5 – Relationship to the Convention

text: This Protocol shall be open for signature by the members of the Council of Europe, who are the signatories of the Convention; it shall be ratified at the same time as or after the ratification of the Convention. It shall enter into force after the deposit of ten instruments of ratification. As regards any signatory ratifying subsequently, the Protocol shall enter into force at the date of the deposit of its instrument of ratification.

text: The instruments of ratification shall be deposited with the Secretary General of the Council of Europe, who will notify all members of the names of those who have ratified.

text: Done at Paris on the 20th day of March 1952, in English and French, both texts being equally authentic, 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 governments.

text: Article 6 – Signature and ratification

type: internationell-overenskommelse


identifier: ETS No. 010

openingPlace: Strasbourg

reference: ETS No. 010

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

text: European Treaty Series - No. 10

text: Strasbourg, 6.XI.1952

text: The governments signatory to the General Agreement on Privileges and Immunities of the Council of Europe, signed at Paris on the 2nd September 1949 (hereinafter referred to as "the Agreement"),

text: Desirous of extending the provisions of the Agreement,

text: Have agreed as follows:

text: Any present or future member of the Council of Europe not a signatory of the Agreement may accede to the latter and to this Protocol by depositing its instrument of accession to them both with the Secretary General of the Council of Europe, who shall notify the members of the Council thereof.

text: Article 1

text: The provisions of Part IV of the Agreement shall apply to representatives attending meetings of the Ministers' Deputies.

text: The provisions of Part IV of the Agreement shall apply to representatives other than Representatives to the Consultative Assembly attending meetings convened by the Council of Europe and held when neither the Committee of Ministers nor the Ministers' Deputies are in session save that representatives attending such meetings shall not be exempt from arrest and prosecution when found committing, attempting to commit, or just having committed an offence.

text: Article 2

text: The provisions of Article 15 of the Agreement shall apply to Representatives to the Assembly, and their Substitutes, at any time when they are attending or travelling to and from, meetings of committees and sub-committees of the Consultative Assembly, whether or not the Assembly is itself in session at such time.

text: Article 3

text: The Permanent Representatives of members of the Council of Europe shall, while exercising their functions and during their journey to and from the place of meetings, enjoy the privileges, immunities and facilities normally enjoyed by diplomatic envoys of comparable rank.

text: ETS 10 – Privileges and Immunities (Protocol), 6.XI.1952 __________________________________________________________________________________

text: Article 4

text: Privileges, immunities and facilities are accorded to the representatives of members not for the personal benefit of the individuals concerned, but in order to safeguard the independent exercise of their functions in connection with the Council of Europe. Consequently, a member has not only the right but the duty to waive the immunity of its representative in any case where, in the opinion of the member, the immunity would impede the course of justice and it can be waived without prejudice to the purpose for which the immunity is accorded.

text: Article 5

text: The provisions of

text: Article 4

text: are not applicable in relation to the authorities of the State of which the person is a national or of the member of which he is or has been a representative.

text: Article 6

text: This Protocol shall be open to signature by all members which have signed the Agreement. The Protocol shall be ratified at the same time as or after the ratification of the Agreement. Instruments of ratification shall be deposited with the Secretary General of the Council of Europe.

text: This Protocol shall enter into force on the day when it shall have been ratified by all the signatories who at that time have ratified the Agreement, on condition that the number of signatories who have ratified the Agreement and the Protocol shall not be fewer than seven.

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

text: In the case of members which have acceded to the Agreement and Protocol in accordance with the terms of

text: Article 1

text: the Agreement and Protocol shall enter into force:

text: on the date specified in paragraph b above in cases where the instrument of accession has been deposited prior to this date; or

text: ii on the date of deposit of the instrument of accession in cases where this instrument is deposited at a date subsequent to that specified in paragraph b above.

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

text: Done at Strasbourg on the 6th day of November 1952, 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 signatory and acceding governments.

text: Article 7