Scope Of The Convention For The Protection Of Human Rights And Fundamental Freedoms As Amended By Protocols No. 2, No. 3, No. 5, No. 8 And No. 11

Original Language Title: Geltungsbereich der Konvention zum Schutze der Menschenrechte und Grundfreiheiten in der Fassung der Protokolle Nr. 2, Nr. 3, Nr. 5, Nr. 8 und Nr. 11

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997571/geltungsbereich-der-konvention-zum-schutze-der-menschenrechte-und-grundfreiheiten-in-der-fassung-der-protokolle-nr.-2%252c-nr.-3%252c-nr.-5%252c-nr.-8-und-n.html

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68. public announcement of the Federal Chancellor concerning the scope of the Convention for the protection of human rights and fundamental freedoms as amended by protocols No. 2, no. 3, no. 5, no. 8 and no. 11

Notifications the Secretary of General of the Council of Europe have following parties to the Convention for the protection of human rights and fundamental freedoms as amended by protocols No. 2, no. 3, no. 5, no. 8 and no. 11 (BGBl. Nos 210/1958, 329/1970, 330/1970, 84/1972 64/1990 and Federal Law Gazette III No. 30/1998, last proclamation of the scope BGBl. III No. 108/2006) reservations declared on the occasion of ratification wholly or partly withdrawn or submitted the following observations :

Litauen1:

Lithuania has now fully withdrawn its reservation to article 5 of the Convention, declared on the occasion of the ratification of the Convention.

Serbien2:

The Republic of Serbia withdraws the reservations and the Declaration in accordance with article 57 of the Convention for the protection of human rights and fundamental freedoms, which read as follows:

"Serbia and Montenegro confirmed its willingness fully to guarantee the rights enshrined in articles 5 and 6 of the Convention and declares that the provisions of article 5 paragraph 1, lit. c and article 6 para 1 and 3 the application of articles 75 to 321 of the Act about slight offences of the Republic of Serbia (Journal of laws of the Socialist Republic of Serbia No. 44/89, Journal of laws of the Republic of Serbia No. 21 / 90, 11/92, 6/93, 20/93, 53/93, 67/93, 28/94, 16/97, 37/97, 36/98, 44/98, 65/2001) and of articles 61-225 of the law on misdemeanors of the Republic of Montenegro (Journal of laws of the Republic of Montenegro No. 25 /) 94, 29/94, 38/96, 48/99), which govern the proceedings before the magistrate courts, do not interfere.

The article 6 para 1 anchored right to public hearing affects not applying the principle that courts in Serbia make basically no public hearing, if they decide in administrative disputes. The principle is in article 32 of the law on administrative disputes (Journal of laws of the Federal Republic of Yugoslavia No. 46/96) included the Republic of Serbia.

Declaration in accordance with article 57 paragraph 2:

The relevant provisions of the laws referred to in this reservation rules the following matters:



-Proceedings before the magistrate courts, including the rights of the accused, rules of evidence and legal remedies (art. 75 to 89 and 118 to 321 of the law on misdemeanors of the Republic of Serbia and article 61 to 67 and 97-225 of the law on misdemeanors of the Republic of Montenegro);

-Establishment and organization of magistrate courts (art. 68 to 96 of the law on misdemeanors of the Republic of Montenegro and art. 89a to 115 of the law on misdemeanors of the Republic of Serbia) and measures to ensure the presence of the accused (art. 183-192 of the law on misdemeanors of the Republic of Serbia)."

Spanien3:

In accordance with article 64 of the Convention [article 57 since the entry into force of the Protocol No 11] of articles 5 and 6 reserves the carrying out Spain as far as them 8/1998, of December 2, II and III of title III and chapters I, II, III, IV and V of title IV of the disciplinary regulations for the armed forces might be incompatible chapters with the Constitution Act , which came into force on 3 February 1999.

United kingdom4:

In accordance the situation of the territories for whose international relations the United Kingdom is responsible, represents with letters of the Permanent Representative of the United Kingdom of the September 28, 2009, October 15, 2009 and November 22, 2010 are as follows:



1. application of the Convention: Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, the Bailiwick of Guernsey, Isle of man, the Bailiwick of Jersey, Montserrat, St Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands, the sovereign base areas of Akrotiri and Dhekelia in Cyprus, the Turks and Caicos Islands.



2. the recognition of the right of individual complaint before the European Court of human rights: The territorial expansion was awarded from 14 January 2001 on duration: Jersey.

The territorial expansion was awarded from 1 June 2003 on duration: Isle of man.

The territorial expansion was awarded from 1 May 2004 on duration: sovereign military bases of Akrotiri and Dhekelia in Cyprus.

The territorial expansion was awarded as of January 14, 2006 in the long term: Gibraltar, Falkland Islands, South Georgia and South Sandwich Islands.

The territorial expansion was awarded from February 23, 2006 in the long term: Guernsey, Cayman Islands.

The territorial expansion was awarded as of September 28, 2009 on time: British Virgin Islands

The territorial expansion was awarded from October 14, 2009 on time: Turks and Caicos Islands.

The territorial expansion was awarded as of November 22, 2010 on time: Anguilla, Bermuda, Montserrat, St Helena, Ascension and Tristan da Cunha.

 

On November 19, 2009 the Permanent Representative of the United Kingdom has communicated the following the Secretary General of the Council of Europe:

"I have the honour to inform you, in accordance with the Saint Helena, Ascension and Tristan da Cunha Constitutional Decree 2009 (Legislative Decree 2009/1751 of the United Kingdom) that the name of the British overseas territory with the former name"St. Helena and dependencies of St. Helena"on" Saint Helena, Ascension and Tristan da Cunha ' has been changed. " The status of the area as a British overseas territory is unchanged, and accordingly the United Kingdom for its external relations remains responsible.

To the extent that the contracts for St. Helena and dependencies of St. Helena are valid, they are considered continue for Saint Helena, Ascension and Tristan da Cunha."

 

A further communication from the Secretary-General according to the Committee of Ministers of the Council of Europe on the occasion of his 994(bis) has decided meeting of May 9, 2007 to consider Montenegro with effect from 6 June 2006 as a Contracting Party to the Convention for the protection of human rights and fundamental freedoms.

Faymann