European Treaty Series - No PROTOCOL No. 8 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

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1 Europen Trety Series - No. 118 PROTOCOL No. 8 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS Vienn, 19.III.1985

2 2 ETS 118 Humn Rights (Protocol No. 8), 19.III.1985 The memer Sttes of the Council of Europe, signtories to this Protocol to the Convention for the Protection of Humn Rights nd Fundmentl Freedoms, signed t Rome on 4 Novemer 1950 (hereinfter referred to s the Convention ), Considering tht it is desirle to mend certin provisions of the Convention with view to improving nd in prticulr to expediting the procedure of the Europen Commission of Humn Rights, Considering tht it is lso dvisle to mend certin provisions of the Convention concerning the procedure of the Europen Court of Humn Rights, Hve greed s follows: Article 1 The existing text of Article 20 of the Convention shll ecome prgrph 1 of tht rticle nd shll e supplemented y the following four prgrphs: 2 The Commission shll sit in plenry session. It my, however, set up Chmers, ech composed of t lest seven memers. The Chmers my exmine petitions sumitted under Article 25 of this Convention which cn e delt with on the sis of estlished cse lw or which rise no serious question ffecting the interprettion or ppliction of the Convention. Suject to this restriction nd to the provisions of prgrph 5 of this rticle, the Chmers shll exercise ll the powers conferred on the Commission y the Convention. The memer of the Commission elected in respect of High Contrcting Prty ginst which petition hs een lodged shll hve the right to sit on Chmer to which tht petition hs een referred. 3 The Commission my set up committees, ech composed of t lest three memers, with the power, exercisle y unnimous vote, to declre indmissile or strike from its list of cses petition sumitted under Article 25, when such decision cn e tken without further exmintion. 4 A Chmer or committee my t ny time relinquish jurisdiction in fvour of the plenry Commission, which my lso order the trnsfer to it of ny petition referred to Chmer or committee. 5 Only the plenry Commission cn exercise the following powers: the exmintion of pplictions sumitted under Article 24; the ringing of cse efore the Court in ccordnce with Article 48.; c the drwing up of rules of procedure in ccordnce with Article 36.

3 3 ETS 118 Humn Rights (Protocol No. 8), 19.III.1985 Article 2 Article 21 of the Convention shll e supplemented y the following third prgrph: 3 The cndidtes shll e of high morl chrcter nd must either possess the qulifictions required for ppointment to high judicil office or e persons of recognised competence in ntionl or interntionl lw. Article 3 Article 23 of the Convention shll e supplemented y the following sentence: During their term of office they shll not hold ny position which is incomptile with their independence nd imprtility s memers of the Commission or the demnds of this office. Article 4 The text, with modifictions, of Article 28 of the Convention shll ecome prgrph 1 of tht rticle nd the text, with modifictions, of Article 30 shll ecome prgrph 2. The new text of Article 28 shll red s follows: Article 28 1 In the event of the Commission ccepting petition referred to it: it shll, with view to scertining the fcts, undertke together with the representtives of the prties n exmintion of the petition nd, if need e, n investigtion, for the effective conduct of which the Sttes concerned shll furnish ll necessry fcilities, fter n exchnge of views with the Commission; it shll t the sme time plce itself t the disposl of the prties concerned with view to securing friendly settlement of the mtter on the sis of respect for humn rights s defined in this Convention; 2 If the Commission succeeds in effecting friendly settlement, it shll drw up report which shll e sent to the Sttes concerned, to the Committee of Ministers nd to the Secretry Generl of the Council of Europe for puliction. This report shll e confined to rief sttement of the fcts nd of the solution reched. Article 5 In the first prgrph of Article 29 of the Convention, the word unnimously shll e replced y the words y mjority of two-thirds of its memers. Article 6 The following provision shll e inserted in the Convention: Article 30 1 The Commission my t ny stge of the proceedings decide to strike petition out of its list of cses where the circumstnces led to the conclusion tht:

4 4 ETS 118 Humn Rights (Protocol No. 8), 19.III.1985 c the pplicnt does not intend to pursue his petition, or the mtter hs een resolved, or for ny other reson estlished y the Commission, it is no longer justified to continue the exmintion of the petition. However, the Commission shll continue the exmintion of petition if respect for humn rights s defined in this Convention so requires. 2 If the Commission decides to strike petition out of its list fter hving ccepted it, it shll drw up report which shll contin sttement of the fcts nd the decision striking out the petition together with the resons therefor. The report shll e trnsmitted to the prties, s well s to the Committee of Ministers for informtion. The Commission my pulish it. 3 The Commission my decide to restore petition to its list of cses if it considers tht the circumstnces justify such course. Article 7 In Article 31 of the Convention, prgrph 1 shll red s follows: 1 If the exmintion of petition hs not een completed in ccordnce with Article 28 (prgrph 2), 29 or 30, the Commission shll drw up report on the fcts nd stte its opinion s to whether the fcts found disclose rech y the Stte concerned of its oligtions under the Convention. The individul opinions of memers of the Commission on this point my e stted in the report. Article 8 Article 34 of the Convention shll red s follows: Suject to the provisions of rticles 20 (prgrph 3) nd 29, the Commission shll tke its decision y mjority of the memers present nd voting. Article 9 Article 40 of the Convention shll e supplemented y the following seventh prgrph: 7 The memers of the Court shll sit on the Court in their individul cpcity. During their term of office they shll not hold ny position which is incomptile with their independence nd imprtility s memers of the Court or the demnds of this office. Article 10 Article 41 of the Convention shll red s follows: The Court shll elect its President nd one or two Vice-Presidents for period of three yers. They my e re-elected. Article 11 In the first sentence of Article 43 of the Convention, the word seven shll e replced y the word nine. Article 12

5 5 ETS 118 Humn Rights (Protocol No. 8), 19.III This Protocol shll e open for signture y memer Sttes of the Council of Europe signtories to the Convention, which my express their consent to e ound y: signture without reservtion s to rtifiction, cceptnce or pprovl, or signture suject to rtifiction, cceptnce or pprovl, followed y rtifiction, cceptnce or pprovl. 2 Instruments of rtifiction, cceptnce or pprovl shll e deposited with the Secretry Generl of the Council of Europe. Article 13 This Protocol shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte on which ll the Prties to the Convention hve expressed their consent to e ound y the Protocol in ccordnce with the provisions of Article 12. Article 14 The Secretry Generl of the Council of Europe shll notify the memer Sttes of the Council of: ny signture; the deposit of ny instrument of rtifiction, cceptnce or pprovl; c the dte of entry into force of this Protocol in ccordnce with Article 13; d ny other ct, notifiction or communiction relting to this Protocol. In witness whereof the undersigned, eing duly uthorised thereto, hve signed this Protocol. Done t Vienn, this 19th dy of Mrch 1985, in English nd French, oth texts eing eqully uthentic, in single copy which shll e deposited in the rchives of the Council of Europe. The Secretry Generl of the Council of Europe shll trnsmit certified copies to ech memer Stte of the Council of Europe.

PROTOCOL No. 11 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, RESTRUCTURING THE CONTROL MACHINERY ESTABLISHED THEREBY

Europen Trety Series - No. 155 PROTOCOL No. 11 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, RESTRUCTURING THE CONTROL MACHINERY ESTABLISHED THEREBY Strsourg, 11.V.1994