European Convention on Establishment, and Protocol thereto

Transcription

1 Europen Trety Series - No. 19 Europen Convention on Estlishment, nd Protocol thereto Pris, 13.XII.1955 The governments signtory hereto, eing memers of the Council of Europe, Considering tht the im of the Council of Europe is to sfegurd nd to relise the idels nd principles which re the common heritge of its memers nd to fcilitte their economic nd socil progress; Recognising the specil chrcter of the links etween the memer countries of the Council of Europe s ffirmed in conventions nd greements lredy concluded within the frmework of the Council such s the Convention for the Protection of Humn Rights nd Fundmentl Freedoms signed on 4th Novemer 1950, the Protocol to this Convention signed on 20 th Mrch 1952, the Europen Convention on Socil nd Medicl Assistnce nd the two Europen Interim Agreements on Socil Security signed on 11th Decemer 1953; Being convinced tht, y the conclusion of regionl convention, the estlishment of common rules for the tretment ccorded to ntionls of ech memer Stte in the territory of the others my further the chievement of greter unity; Affirming tht the rights nd privileges which they grnt to ech other's ntionls re conceded solely y virtue of the close ssocition uniting the memer countries of the Council of Europe y mens of its Sttute; Noting tht the generl pln of the Convention fits into the frmework of the orgnistion of the Council of Europe, Hve greed s follows: Chpter I Entry, residence nd expulsion Article 1 Ech Contrcting Prty shll fcilitte the entry into its territory y ntionls of the other Prties for the purpose of temporry visits nd shll permit them to trvel freely within its territory except when this would e contrry to ordre pulic, ntionl security, pulic helth or morlity. Article 2 Suject to the conditions set out in Article 1 of this Convention, ech Contrcting Prty shll, to the extent permitted y its economic nd socil conditions, fcilitte the prolonged or permnent residence in its territory of ntionls of the other Prties.

2 Article 3 1 Ntionls of ny Contrcting Prty lwfully residing in the territory of nother Prty my e expelled only if they endnger ntionl security or offend ginst ordre pulic or morlity. 2 Except where impertive considertions of ntionl security otherwise require, ntionl of ny Contrcting Prty who hs een so lwfully residing for more thn two yers in the territory of ny other Prty shll not e expelled without first eing llowed to sumit resons ginst his expulsion nd to ppel to, nd e represented for the purpose efore, competent uthority or person or persons specilly designted y the competent uthority. 3 Ntionls of ny Contrcting Prty who hve een lwfully residing for more thn ten yers in the territory of ny other Prty my only e expelled for resons of ntionl security or if the other resons mentioned in prgrph 1 of this rticle re of prticulrly serious nture. Chpter II Exercise of privte rights Article 4 Suject to the conditions set out in Article 1 of this Convention, ech Contrcting Prty shll, to the extent permitted y its economic nd socil conditions, fcilitte the prolonged or permnent residence in its territory of ntionls of the other Prties. Article 5 Notwithstnding Article 4 of this Convention, ny Contrcting Prty my, for resons of ntionl security or defence, reserve the cquisition, possession or use of ny ctegories of property for its own ntionls or suject ntionls of other Prties to specil conditions pplicle to liens in respect of such property. Article 6 1 Aprt from cses relting to ntionl security or defence, ny Contrcting Prty which hs reserved for its ntionls or, in the cse of liens including those who re ntionls of other Prties, mde suject to regultions the cquisition, possession or use of certin ctegories of property, or hs mde the cquisition, possession or use of such property conditionl upon reciprocity, shll, t the time of the signture of this Convention, trnsmit list of these restrictions to the Secretry Generl of the Council of Europe indicting which provisions of its municipl lw re the sis of such restrictions. The Secretry Generl shll forwrd these lists to the other signtories; fter this Convention hs entered into force in respect of ny Contrcting Prty, tht Contrcting Prty shll not introduce ny further restrictions s to the cquisition, possession or use of ny ctegories of property y ntionls of the other Prties, unless it finds itself compelled to do so for impertive resons of n economic or socil chrcter or in order to prevent monopolistion of the vitl resources of the country. It shll in this event keep the Secretry Generl fully informed of the mesures tken, the relevnt provisions of municipl lw nd the resons for such mesures. The Secretry Generl shll communicte this informtion to the other Prties. 2 Ech Contrcting Prty shll endevour to reduce its list of restrictions for the enefit of ntionls of the other Prties. It shll notify the Secretry Generl of ny such chnges nd he shll communicte them to the other Prties. Ech Prty shll lso endevour to grnt to ntionls of other Prties such exemptions from the generl regultions concerning liens s re provided for in its own legisltion. 2

3 Chpter III Judicil nd dministrtive gurntees Article 7 Ntionls of ny Contrcting Prty shll enjoy in the territory of ny other Prty, under the sme conditions s ntionls of the ltter Prty, full legl nd judicil protection of their persons nd property nd of their rights nd interests. In prticulr they shll hve, in the sme mnner s the ntionls of the ltter Prty, the right of ccess to the competent judicil nd dministrtive uthorities nd the right to otin the ssistnce of ny person of their choice who is qulified y the lws of the country. Article 8 1 Ntionls of ny Contrcting Prty shll e entitled in the territory of ny other Prty to otin free legl ssistnce under the sme conditions s ntionls of the ltter Prty. 2 Indigent ntionls of Contrcting Prty shll e entitled to hve copies of ctes de l'étt civil issued to them free of chrge in the territory of nother Contrcting Prty in so fr s these re so issued to indigent ntionls of the ltter Contrcting Prty. Article 9 1 No security or deposit of ny kind my e required, y reson of their sttus s liens or of lck of domicile or residence in the country, from ntionls of ny Contrcting Prty, hving their domicile or norml residence in the territory of Prty, who my e plintiffs or third prties efore the Courts of ny other Prty. 2 The sme rule shll pply to the pyment which my e required of plintiffs or third prties to gurntee legl costs. 3 Orders to py the costs nd expenses of tril imposed upon plintiff or third prty who is exempted from such security, deposit or pyment in pursunce either of the preceding prgrphs of this rticle or of the lw of the country in which the proceedings re tken, shll without chrge, upon request mde through the diplomtic chnnel, e rendered enforcele y the competent uthority in the territory of ny other Contrcting Prty. Chpter IV Ginful occuptions Article 10 Ech Contrcting Prty shll uthorise ntionls of the other Prties to engge in its territory in ny ginful occuption on n equl footing with its own ntionls, unless the sid Contrcting Prty hs cogent economic or socil resons for withholding the uthoristion. This provision shll pply, ut not e limited, to industril, commercil, finncil nd griculturl occuptions, skilled crfts nd the professions, whether the person concerned is self-employed or is in the service of n employer. Article 11 Ntionls of ny Contrcting Prty who hve een llowed y nother Prty to engge in ginful occuption for certin period my not, during tht period, e sujected to restrictions not provided for t the time the uthoristion ws grnted to them unless such restrictions re eqully pplicle to ntionls of the ltter Prty in similr circumstnces. 3

4 Article 12 1 Ntionls of ny Contrcting Prty lwfully residing in the territory of ny other Prty shll e uthorised, without eing mde suject to the restrictions referred to in Article 10 of this Convention, to engge in ny ginful occuption on n equl footing with ntionls of the ltter Prty, provided they comply with one of the following conditions: c they hve een lwfully engged in ginful occuption in tht territory for n uninterrupted period of five yers; they hve lwfully resided in tht territory for n uninterrupted period of ten yers; they hve een dmitted to permnent residence. Any Contrcting Prty my, t the time of signture or of deposit of its instrument of rtifiction of this Convention, declre tht it does not ccept one or two of the conditions mentioned ove. 2 Such Prty my lso, in ccordnce with the sme procedure, increse the period lid down in prgrph 1. of this rticle to mximum of ten yers, provided tht fter the first period of five yers renewl of n uthoristion my in no cse e refused in respect of the occuption pursued up to tht time nor my such renewl e conditionl upon ny chnge in tht occuption. It my lso declre tht it will not in ll cses utomticlly grnt the right to chnge from wge-erning occuption to n independent occuption. Article 13 Any Contrcting Prty my reserve for its own ntionls the exercise of pulic functions or of occuptions connected with ntionl security or defence, or mke the exercise of these occuptions y liens suject to specil conditions. Article 14 1 Aprt from the functions or occuptions mentioned in Article 13 of this Convention, ny Contrcting Prty which hs reserved certin occuptions for its own ntionls or mde the exercise of them y liens, including ntionls of the other Prties, suject to regultions or reciprocity, shll t the time of signture of this Convention trnsmit list of these restrictions to the Secretry Generl of the Council of Europe, indicting which provisions of its municipl lw re the sis of such restrictions. The Secretry Generl shll forwrd these lists to the other signtories; fter this Convention hs entered into force in respect of ny Contrcting Prty, tht Prty shll not introduce ny further restrictions s to the exercise of ginful occup-tions y the ntionls of other Prties unless it finds itself compelled to do so for impertive resons of n economic or socil chrcter. It shll in this event keep the Secretry Generl fully informed of the mesures tken, the relevnt provisions of municipl lw nd the resons for such mesures. The Secretry Generl shll communicte this informtion to the other Prties. 4

5 2 Ech Contrcting Prty shll endevour for the enefit of ntionls of the other Prties: to reduce the list of occuptions which re reserved for its own ntionls or the exercise of which y liens is suject to regultions or reciprocity; it shll notify the Secretry Generl of ny such chnges, nd he shll communicte them to the other Prties; in so fr s its lws permit, to llow individul exemptions from the provisions in force. Article 15 The exercise y ntionls of one Contrcting Prty in the territory of nother Prty of n occuption in respect of which ntionls of the ltter Prty re required to possess professionl or technicl qulifictions or to furnish gurntees shll e mde suject to the production of the sme gurntees or to the possession of the sme qulifictions or of others recognised s their equivlent y the competent ntionl uthority; Provided tht ntionls of the Contrcting Prties engged in the lwful pursuit of their profession in the territory of ny Prty my e clled into the territory of ny other Prty y one of their collegues for the purpose of lending ssistnce in prticulr cse. Article 16 Commercil trvellers who re ntionls of Contrcting Prty nd re employed y n undertking whose principl plce of usiness is situted in the territory of Contrcting Prty shll not need ny uthoristion in order to exercise their occuption in the territory of ny other Prty, provided tht they do not reside therein for more thn two months during ny hlf yer. Article 17 1 Ntionls of ny Contrcting Prty shll, in the territory of nother Prty, enjoy tretment no less fvourle thn ntionls of the ltter Prty in respect of ny sttutory regultion y pulic uthority concerning wges nd working conditions in generl. 2 The provisions of this chpter shll not e understood s requiring Contrcting Prty to ccord in its territory more fvourle tretment s regrds the exercise of ginful occuption to the ntionls of ny other Prty thn tht ccorded to its own ntionls. Chpter V Individul rights Article 18 No Contrcting Prty my forid ntionls of nother Prty who hve een lwfully engged for t lest five yers in n pproprite occuption in the territory of the former Prty from tking prt on n equl footing with its own ntionls s electors in elections held y odies or orgnistions of n economic or professionl nture such s Chmers of Commerce or of Agriculturl or Trde Associtions, suject to the decisions which such odies or orgnistions my tke in this respect within the limits of their competence. Article 19 Ntionls of ny Contrcting Prty in the territory of ny other Prty shll e permitted, without ny restrictions other thn those pplicle to ntionls of the ltter Prty, to ct s ritrtors in ritrl proceedings in which the choice of ritrtors is left entirely to the prties concerned. 5

6 Article 20 In so fr s ccess to eduction is under Stte control, ntionls of school ge of ny Contrcting Prty lwfully residing in the territory of ny other Prty shll e dmitted, on n equl footing with the ntionls of the ltter Prty, to institutions for primry nd secondry eduction nd technicl nd voctionl trining. The ppliction of this provision to the grnt of scholrships shll e left to the discretion of individul Prties. School ttendnce shll e compulsory for ntionls of school ge residing in the territory of nother Contrcting Prty if it is compulsory for the ntionls of the ltter Prty. Chpter VI Txtion, compulsory civilin services, exproprition, ntionlistion Article 21 1 Suject to the provisions concerning doule txtion contined in greements lredy concluded or to e concluded, ntionls of ny Contrcting Prty shll not e lile in the territory of ny other Prty to duties, chrges, txes or contriutions, of ny description whtsoever, other, higher or more urdensome thn those imposed on ntionls of the ltter Prty in similr circumstnces; in prticulr, they shll e entitled to deductions or exemptions from txes or chrges nd to ll llownces, including llownces for dependnts. 2 A Contrcting Prty shll not impose on ntionls of ny other Prty ny residence chrge not required of its own ntionls. This provision shll not prevent the imposition in pproprite cses of chrges connected with dministrtive formlities such s the issue of permits nd uthoristions which liens re required to hve, provided tht the mount levied is not more thn the expenditure incurred y such formlities. Article 22 Ntionls of Contrcting Prty my in no cse e oliged to perform in the territory of nother Prty ny civilin services, whether of personl nture or relting to property, other or more urdensome thn those required of ntionls of the ltter Prty. Article 23 Without prejudice to the provisions of Article 1 of the Protocol to the Convention on the Protection of Humn Rights nd Fundmentl Freedoms, ntionls of ny Contrcting Prty shll e entitled, in the event of exproprition or ntionlistion of their property y ny other Prty, to e treted t lest s fvourly s ntionls of the ltter Prty. Chpter VII Stnding Committee Article 24 1 A Stnding Committee shll e set up within yer of the entry into force of this Convention. This Committee my formulte proposls designed to improve the prcticl implementtion of the Convention nd, if necessry, to mend or supplement its provisions. 2 In the event of differences of opinion rising etween the Prties over the interprettion or ppliction of the provisions of Article 6, prgrph 1., nd Article 14, prgrph 1., of this Convention, the Committee shll t the request of ny Prty concerned endevour to settle such differences. 3 The Committee shll rrnge for the puliction of periodicl report contining ll informtion regrding the lws nd regultions in force in the territory of the Prties in respect of mtters provided for in this Convention. 6

7 4 Ech memer of the Council of Europe which hs rtified this Convention shll ppoint representtive to this Committee. Any other memer of the Council my e represented y n oserver with the right to spek. 5 The Committee shll e convened y the Secretry Generl of the Council of Europe. Its first session shll tke plce within three months of the dte of its estlishment. Susequent sessions shll e held t lest once every two yers. The Committee my lso e convened whenever the Committee of Ministers of the Council considers it necessry. The period of two yers shll run from the dte of the end of the lst session. 6 Opinions or recommendtions of the Stnding Committee shll e sumitted to the Committee of Ministers. 7 The Stnding Committee shll drw up its own Rules of Procedure. Chpter VIII Generl provisions Article 25 The provisions of this Convention shll not prejudice the provisions of municipl lw, ilterl or multilterl treties, conventions or greements which re lredy in force or my come into force under which more fvourle tretment would e ccorded to ntionls of one or more of the other Contrcting Prties. Article 26 1 Any memer of the Council of Europe my, when signing this Convention or when depositing its instrument of rtifiction, mke reservtion in respect of ny prticulr provision of the Convention to the extent tht ny lw then in force in its territory is not in conformity with the sid provision. Reservtions of generl nture shll not e permitted under this rticle. 2 Any reservtion mde under this rticle shll contin rief sttement of the lw concerned. 3 Any memer of the Council which mkes reservtion under this rticle shll withdrw the sid reservtion s soon s circumstnces permit. Such withdrwl shll e mde y notifiction ddressed to the Secretry Generl of the Council nd shll tke effect from the dte of the receipt of such notifiction. The Secretry Generl shll trnsmit the text of this notifiction to ll the signtories of the Convention. Article 27 A Contrcting Prty which hs mde reservtion in respect of prticulr provision of the Convention in ccordnce with Article 26 of this Convention my not clim ppli-ction of the sid provision y nother Prty sve in so fr s it hs itself ccepted the provision. Article 28 1 In time of wr or other pulic emergency thretening the life of the ntion, ny Contrcting Prty my tke mesures derogting from its oligtions under this Convention to the extent strictly required y the exigencies of the sitution nd provided tht such mesures re not inconsistent with its other oligtions under interntionl lw. 2 Any Contrcting Prty viling itself of this right of derogtion shll keep the Secretry Generl of the Council of Europe fully informed of the mesures which it hs tken nd the resons therefor. It shll lso inform the Secretry Generl of the Council when such mesures hve cesed to operte nd the provisions of the Convention re gin eing fully executed. 7

8 Chpter IX Field of ppliction of the Convention Article 29 1 This Convention shll pply to the metropolitn territories of the Contrcting Prties. 2 Any memer of the Council my, t the time of the signture or rtifiction of this Convention or t ny lter dte, declre y notice ddressed to the Secretry Generl of the Council of Europe tht this Convention shll pply to the territory or territories mentioned in the sid declrtion nd for whose interntionl reltions it is responsile. 3 Any declrtion mde in ccordnce with the preceding prgrph my, in respect of ny territory mentioned in such declrtion, e withdrwn ccording to the procedure lid down in Article 33 of this Convention. 4 The Secretry Generl shll communicte to the other memers of the Council ny declrtion trnsmitted to him in ccordnce with prgrph 2 or prgrph 3 of this rticle. Article 30 1 For the purpose of this Convention, ntionls mens physicl persons possessing the ntionlity of one of the Contrcting Prties. 2 No Contrcting Prty shll e oliged to grnt the enefits of this Convention to ntionls of nother Contrcting Prty ordinrily resident in non metropolitn territory of the ltter Prty to which the Convention does not pply. Chpter X Settlement of disputes Article 31 1 Any disputes which my rise etween the Contrcting Prties concerning the interprettion or the ppliction of this Convention shll e sumitted to the Interntionl Court of Justice y specil greement or y ppliction y one of the prties to the dispute, unless the prties gree on different method of peceful settlement. 2 After the entry into force of the Europen Convention for the Peceful Settlement of Disputes, the Prties to tht Convention shll pply those of its provisions which re inding upon them to ll disputes which my rise etween them concerning the present Convention. 3 Any dispute sujected to procedure referred to in the preceding prgrphs shll e immeditely reported y the prties concerned to the Secretry Generl of the Council of Europe, who shll inform the other Contrcting Prties without dely. 4 If one of the prties to dispute fils to crry out its oligtions lid down in decision of the Interntionl Court of Justice or the wrd of n ritrl triunl, the other prty my ppel to the Committee of Ministers of the Council of Europe. The ltter my, if it deems necessry, mke recommendtions y mjority of two thirds of the representtives entitled to sit on the Committee with view to ensuring the execution of the sid decision or wrd. 8

9 Chpter XI Finl provisions Article 32 The Protocol ttched to this Convention shll form n integrl prt of it. Article 33 1 A Contrcting Prty my denounce this Convention only t the end of five yers from the dte on which it ecme Prty to it, hving previously given six months' notice y notifiction ddressed to the Secretry Generl of the Council of Europe, who shll inform the other Prties. A Prty which does not so exercise the right of denuncition will remin ound for further successive periods of two yers nd my denounce this Convention only t the end ny such period, hving given notice six months previously. 2 Denuncition shll not hve the effect of relesing the Contrcting Prty concerned from its oligtions under this Convention in respect of ny ct which my hve een performed y it efore the dte upon which the denuncition ecme effective. 3 Any Contrcting Prty which ceses to e memer of the Council of Europe shll under the sme conditions cese to e Prty to this Convention. Article 34 1 This Convention shll e open for signture y the memers of the Council of Europe. It shll e rtified. Instruments of rtifiction shll e deposited with the Secretry Generl of the Council of Europe. 2 This Convention shll come into force on the dte of deposit of the fifth instrument of rtifiction. 3 As regrds ny signtory rtifying susequently, the Convention shll come into force on the dte of deposit of its instrument of rtifiction. 4 The Secretry Generl shll notify ll the memers of the Council of the entry into force of the Convention, the nmes of the Contrcting Prties which hve rtified it, ny reser-vtions mde nd the susequent deposit of ny instruments of rtifiction. In witness whereof, the undersigned, eing duly uthorised thereto, hve signed this Convention. Done t Pris, this 13th dy of Decemer 1955, in English nd in French, oth texts eing eqully uthorittive, in single copy which shll remin deposited in the rchives of the Council of Europe. The Secretry Generl shll trnsmit certified true copies to ech of the signtories. 9

10 Protocol to the Europen Convention on Estlishment Pris, 13.XII.1955 Section I Articles 1, 2, 3, 5, 6, prgrph 1., 10, 13 nd 14, prgrph 1. Ech Contrcting Prty shll hve the right to judge y ntionl criteri: 1 the resons of ordre pulic, ntionl security, pulic helth or morlity which my provide grounds for the exclusion from its territory of ntionls of other Prties; 2 the economic nd socil conditions which my prevent the dmission of ntionls of other Prties to prolonged or permnent residence or the exercise of ginful occuptions in it its territory; 3 the circumstnces which constitute thret to ntionl security or n offence ginst ordre pulic or morlity; 4 the resons specified in the Convention for which Contrcting Prty my reserve for its own ntionls the cquisition, possession or use of ny ctegories of property or the exercise of certin rights nd occuptions or my mke the exercise thereof y ntionls of the other Prties suject to specil conditions. c Ech Contrcting Prty shll determine whether the resons For expulsion re of prticulrly serious nture. In this connection ccount shll e tken of the ehviour of the individul concerned during his whole period of residence. A Contrcting Prty my only restrict the rights of ntionls of other Prties for the resons set forth in this Convention nd to the extent comptile with the oligtions ssumed y the Prties. Section II Articles 1, 2, 3, 10, 11, 12, 13, 14, 15, 16, 17 nd 20 Regultions governing the dmission, residence nd movement of liens nd lso their right to engge in ginful occuptions shll e unffected y this Convention in so fr s they re not inconsistent with it. Ntionls of Contrcting Prty shll e considered s lwfully residing in the territory of nother Prty if they hve conformed to the sid regultions. Section III Articles 1, 2 nd 3 The concept of ordre pulic is to e understood in the wide sense generlly ccepted in continentl countries. A Contrcting Prty my, for instnce, exclude ntionl of nother Prty for politicl resons, or if there re grounds for elieving tht he is unle to py the expenses of his sty or tht he intends to engge in ginful occuption without the necessry permits. The Contrcting Prties undertke, in the exercise of their estlished rights, to py due regrd to fmily ties. 10

11 c The right of expulsion my e exercised only in individul cses. The Contrcting Prties shll, in exercising their right of expulsion, ct with considertion, hving regrd to the prticulr reltions which exist etween the memers of the Council of Europe. They shll in prticulr tke due ccount of fmily ties nd the period of residence in their territory of the person concerned. Section IV Articles 8 nd 9 Articles 8 nd 9 of this Convention in no wy ffect oligtions contrcted under The Hgue Convention on Civil Procedure. Section V Articles 10, 11, 12, 13, 14, 15, 16 nd 17 c d e f The provisions of Articles 10, 11, 12, 13, 14, 15, 16 nd 17 of this Convention shll e suject to the conditions governing entry nd residence lid down in Articles 1 nd 2. The husnd or wife nd dependent children of ntionls of ny Contrcting Prty lwfully residing in the territory of nother Prty who hve een uthorised to ccompny or rejoin them shll s fr s possile e llowed to tke up employment in tht territory in ccordnce with the conditions lid down in this Convention. The provisions of Article 12 of this Convention shll not pply to ntionls of Contrcting Prty residing in the territory of nother Prty in pursunce of specil regul-tions or engged in ginful occuption therein in pursunce of specil rules or greements, including such persons s memers, or stff not loclly recruited, of diplo-mtic or consulr missions; memers of the stff of interntionl orgnistions; student employees, pprentices, students nd persons employed for the purpose of completing their voctionl trining; crews of ships nd ircrft. For the purpose of Article 16 of this Convention, the Contrcting Prties shll not, in their municipl legisltion or regultions, tret the occuption of commercil trveller s n itinernt trde or form of hwking. It is understood tht Article 16 pplies only to commercil trvellers cting under the orders of n undertking situted outside the receiving country nd remunerted solely y such undertking. Article 17, prgrph 1, of this Convention shll not pply to the specil cse of student employees in respect of their remunertion. Section VI Articles 2, 11, 12, 13, 14, 15, 16, 17 nd 25 It is understood tht this Convention shll not pply to industril, literry nd rtistic property nd new vegetle products, s these sujects re reserved for interntionl conventions or other interntionl greements relting thereto which re lredy in force or will come into force. Those Contrcting Prties to this Convention which re now or will e ound y the decisions of the Orgnistion for Europen Economic Co-opertion governing the employment of ntionls of its memer countries shll, in their mutul reltions nd in respect of the exercise of wge erning occuptions, pply the provisions of this Con-vention or of the sid decisions, whichever grnt the more fvourle tretment to wge erners. In pplying the provisions of Articles 2, 10, 11, 12, 13, 14, 15, 16 nd 17 of this Convention nd judging the economic or socil resons mentioned in Articles 10 nd 14, they shll conform to the spirit nd the letter of the sid decisions in so fr s the ltter re more fvourle to wge erners thn the provisions of this Convention. 11

12 Section VII Article 26, prgrph 1 The Contrcting Prties shll exercise their right to mke reservtions only in so fr s they consider tht essentil provisions of their municipl lw so require. Section VIII Article 29, prgrph 1 This Convention shll, in respect of Frnce, lso pply to Algeri nd the overses Deprtments. The Federl Repulic of Germny my extend the ppliction of this Convention to the Lnd Berlin y declrtion ddressed to the Secretry Generl of the Council of Europe who shll notify the other Contrcting Prties thereof. Article 29, prgrph 2 Any memer of the Council of Europe which mkes declrtion in ccordnce with Article 29, prgrph 2, of this Convention shll, t the sme time nd in respect of ny territory mentioned in such declrtion, trnsmit to the Secretry Generl of the Council the lists of restrictions specified in Article 6, prgrph 1, nd Article 14, prgrph 1, ny declrtion mde in ccordnce with Article 12 nd ny reservtion mde in ccordnce with Article 26 of this Convention. Article 30 The term ordinrily resident shll e defined ccording to the regultions pplicle in the country of which the person concerned is ntionl. Section IX Article 31, prgrph 1 Contrcting Prties not prty to the Sttute of the Interntionl Court of Justice shll tke the necessry steps to otin ccess to the Court. 12