belgiquelex.be - Carrefour Bank of Legislation 6 MARCH 2007. - Act enacting Protocol No. 7 to the Convention on the Protection of Human Rights and Fundamental Freedoms, done in Strasbourg on 22 November 1984 (1) (2)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1
er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms, done in Strasbourg on 22 November 1984, will come out its full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 6 March 2007.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
The Minister of the Interior,
P. DEWAEL
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2005-2006 and 2006-2007.
Senate.
Documents. - Bill tabled on 16 June 2006, No. 3-1760/1. - Report, number 3-1760/2.
Annales parliamentarians. - Discussion and voting. Session of December 14, 2006.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-2812/1. - Text adopted in plenary and subject to Royal Assent, No. 51-2812/2.
Annales parliamentarians. - Discussion and voting. Session of January 18, 2007.
(2) See decree of the Flemish Community/ Flemish Region of 21 December 2007 (Belgian Monitor of 5 February 2008), decree of the French Community of 13 October 2010 (Belgian Monitor of 16 December 2010), decree of the German-speaking Community of 19 January 2009 (Belgian Monitor of 18 March 2009), decree of the Walloon Region of 6 October 2010 (Belgium Monitor of 26 October 2010), decree of the Walloon Region of 6 October 2010
Protocol No. 7 to the Convention on the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11
The States members of the Council of Europe, signatories to this Protocol,
Determined to take further measures to ensure the collective guarantee of certain rights and freedoms by the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (hereinafter referred to as "the Convention"),
The following agreed:
Procedural guarantees in the event of expulsion of aliens
Article 1
er1 A foreigner residing regularly in the territory of a State may only be expelled in accordance with a decision taken in accordance with the law and may:
a. claim the reasons for the expulsion,
b. review its case, and
c. be represented for these purposes before the competent authority or one or more persons designated by that authority.
2. A foreigner may be expelled before the exercise of the rights listed in paragraph 1.a, b and c of that article when such expulsion is necessary in the interest of public order or is based on national security grounds.
Right to a double degree of criminal jurisdiction
Article 2
1. Any person convicted of a criminal offence by a court has the right to have the conviction or conviction reviewed by a higher court. The exercise of this right, including the grounds for which it may be exercised, is governed by the law.
2. This right may be subject to exceptions for minor offences as defined by law or where the person concerned has been tried at first instance by the highest court or has been convicted and sentenced as a result of an appeal against his acquittal.
Right of compensation in case of judicial error
Article 3
Where a final criminal conviction is subsequently annulled, or where grace is granted, because a new or newly revealed fact proves that a judicial error has occurred, the person who has suffered a sentence because of that conviction is compensated, in accordance with the law or the use in force in the State concerned, unless it is proved that the non-revealing in due time of the unknown fact is to him or her.
Right not to be tried or punished twice
Article 4
1. No one may be prosecuted or punished criminally by the courts of the same State because of an offence for which he has already been acquitted or convicted by a final judgment in accordance with the law and criminal procedure of that State.
2. The provisions of the preceding paragraph do not preclude the reopening of the trial, in accordance with the law and the criminal procedure of the State concerned, if new or newly revealed facts or a fundamental vice in the previous procedure are likely to affect the judgment.
3. No derogation is permitted under this Article under Article 15 of the Convention.
Equality between spouses
Article 5
The spouses enjoy equal rights and responsibilities of a civil character between them and in their relations with their children in relation to marriage, during marriage and during dissolution. This article does not prevent States from taking the necessary measures in the interests of children.
Territorial application
Article 6
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or approval, designate the territory(s) to which this Protocol applies, indicating the extent to which it undertakes that the provisions of this Protocol shall apply to that territory(s).
2. Any State may, at any other time thereafter, by a declaration addressed to the Secretary-General of the Council of Europe, extend the application of this Protocol to any other territory designated in the declaration. The Protocol shall enter into force for that territory on the first day of the month following the expiration of a period of two months after the date of receipt of the declaration by the Secretary-General.
3. Any declaration made under the preceding two paragraphs may be withdrawn or amended in respect of any territory designated in that declaration by notification addressed to the Secretary-General. The withdrawal or modification shall take effect on the first day of the month following the expiration of a period of two months after the date of receipt of the notification by the Secretary-General.
4. (1) A statement made in accordance with this article shall be deemed to have been made in accordance with paragraph 1
er Article 56 of the Convention.
5. The territory of any State to which this Protocol applies under its ratification, acceptance or approval by the said State, and each territory to which the Protocol applies under a declaration signed by the said State in accordance with this article, may be considered as separate territories for the purposes of reference to the territory of a State made by Article 1
er.
6. (2) Any State having made a declaration in accordance with paragraph 1
er or 2 of this article may, at any time thereafter, declare in respect of one or more of the territories referred to in this declaration that it accepts the jurisdiction of the Court to hear requests from natural persons, non-governmental organizations or groups of individuals, as provided for in Article 34 of the Convention, under Articles 1
er to 5 of this Protocol.
Relations with the Convention
Article 7 (1)
States Parties consider articles 1
er to 6 of this Protocol as additional articles to the Convention and all provisions of the Convention shall apply accordingly.
Signature and ratification
Article 8
This Protocol is open for signature by the States members of the Council of Europe that have signed the Convention. It will be subject to ratification, acceptance or approval. A Member State of the Council of Europe may not ratify, accept or approve this Protocol without having simultaneously or previously ratified the Convention. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
Entry into force
Article 9
1. This Protocol shall enter into force on the first day of the month following the expiration of a period of two months after the date on which seven Council of Europe member States have expressed their consent to be bound by the Protocol in accordance with the provisions of Article 8.
2. For any Member State that subsequently expresses its consent to be bound by the Protocol, the Protocol shall enter into force on the first day of the month following the expiration of a period of two months after the date of the deposit of the instrument of ratification, acceptance or approval.
Functions of the depositary
Article 10
The Secretary General of the Council of Europe will notify all Member States of the Council of Europe:
a. any signature;
b. the deposit of any instrument of ratification, acceptance or approval;
c. any effective date of this Protocol in accordance with Articles 6 and 9;
d. any other act, notification or declaration relating to this Protocol.
In faith, duly authorized undersigned to this effect, have signed this Protocol.
Done in Strasbourg, on 22 November 1984, in French and English, both texts being equally authentic, in a single copy, which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.
____
Notes
(1) Amended text in accordance with the provisions of Protocol No. 11 (STE No. 155).
(2) Text added in accordance with Protocol No. 11 (STE No. 155).
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms, done in Strasbourg on 22 November 1984
RETRAIT D'UNE DECLARATION INTERPRETATIVE
On 13 April 2012, the Kingdom of Belgium withdrew the interpretative declaration filed at the signing of Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms, done in Strasbourg on 22 November 1984.
The statement provided that:
"Belgium hears the words "resident" and "regular" mentioned in Article 1
er in the meaning given to them in paragraph 9 of its Explanatory Report. »
