Posted the: 2012-06-22 Numac: 2007015042 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE March 6, 2007. -Law concerning consent to Protocol No. 7 to the Convention for the safeguarding of the rights of man and fundamental freedoms, done at Strasbourg on 22 November 1984 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Protocol No. 7 to the Convention for the protection of the rights of man and fundamental freedoms, done at Strasbourg on 22 November 1984, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, March 6, 2007.
ALBERT by the King: Foreign Minister K. DE GUCHT. the Minister of Justice, Ms. L. ONKELINX. the Minister of the Interior, P. DEWAEL sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) Session 2005 - 2006 and 2006-2007.
Documents. -Bill filed on June 16, 2006, no. 3 - 1760/1. -Report, n ° 3-1760/2.
Parliamentary Annals. -Discussion and vote. Meeting of December 14, 2006.
House of representatives.
Documents. -Draft transmitted by the Senate, no. 51-2812/1. -Text adopted in plenary and subject to Royal assent, meeting No. 51-2812/2.
Parliamentary Annals. -Discussion and vote. Meeting of January 18, 2007.
(2) see Decree of the Flemish community / the Flemish Region of December 21, 2007 (Moniteur belge of 5 February 2008), Decree of the French community of 13 October 2010 (Moniteur belge of 16 December 2010), Decree of the German-speaking community of January 19, 2009 (Moniteur belge of 18 March 2009), Decree of the Walloon Region (Moniteur belge of 26 October 2010), October 6, 2010 Decree of the Walloon Region (Moniteur belge of 27 October 2010), October 6, 2010 order of the Region of Brussels - capital of December 7, 2006 (Moniteur belge of January 3, 2007).
Protocol No. 7 to the Convention for the safeguarding of the rights of man and fundamental freedoms, as amended by Protocol No. 11 the Member States of the Council of Europe, signatories to this Protocol, determined to take further steps to ensure the collective enforcement of certain rights and freedoms by the Convention for safeguarding of rights of man and fundamental freedoms signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"), have agreed to the following: procedural guarantees in case of expulsion of aliens section 1 1 an alien lawfully residing in the territory of a State may be expelled therefrom only in pursuance of a decision taken in accordance with the law and must be able to: a. argue the reasons militating against his expulsion , b. make his case reviewed, and c to be represented for these purposes before the competent authority or a or several persons designated by that authority.
2. an alien may be expelled before the exercise of the rights listed in paragraph 1.a, b and c of this article, when such expulsion is necessary in the interests of public order or is based on national security grounds.
Right to a double degree of jurisdiction in criminal matters Article 2 1.
Any person convicted of a criminal offence by a court has the right to review by a higher court conviction or sentencing. The exercise of this right, including the reasons for which it may be exercised are governed by law.
2. this right may be subject to exceptions for minor offences as defined by law or when the person concerned was tried in the first instance by the highest court or been found guilty and convicted following an appeal against his acquittal.
Right to compensation for miscarriage of Justice Article 3 when a final criminal conviction is later rolled back, or when grace is granted, because a new or newly revealed fact proves that a miscarriage of Justice has occurred the person who has suffered punishment because of this conviction is compensated, in accordance with the law or to the use in force in the State concerned unless it is proved that the non-disclosure in due time, the unknown fact is attributable in whole or in part.
Right not to be tried or punished twice Article 4 1. No person shall be prosecuted or criminally punished by the courts of the same State for an offence for which he has already been acquitted or convicted by a final judgment in accordance with the Act and the criminal procedure of that State.
2. the provisions of the preceding paragraph shall not prevent the reopening of the trial, in accordance with the Act and the criminal procedure of the State concerned, whether new or newly revealed facts or a fundamental defect in the previous proceedings are likely to affect the judgment reached.
3. no derogation is permitted in this section on the basis of article 15 of the Convention.
Equality between spouses Article 5 spouses shall enjoy equality of rights and responsibilities of civilian objects among themselves and in their relations with their children as to marriage, during marriage and at its dissolution. This article does not prevent the States to take the necessary measures in the interest of the children.
Territorial application Article 6 1.
Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, designate any territories to which apply this Protocol, specifying the extent in which it undertakes that the provisions of this Protocol apply to such territories.
2 any State may, at any 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 specified in the declaration. The Protocol will enter into force with respect to that territory 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 two preceding paragraphs may be withdrawn or amended in respect of any territory specified in the declaration by notification to the Secretary-General. The withdrawal or modification shall take effect 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 declaration made under this article shall be considered as having been made in accordance with paragraph 1 of article 56 of the Convention.
5. the territory of any State to which this Protocol applies by virtue of its ratification, acceptance or approval by that State, and each of the territories to which the Protocol applies by virtue of a declaration subscribed by the said State under this article, may be treated as separate territories for the purpose of the reference to the territory of a State by article 1.
6. (2) any State having made a declaration in accordance with paragraph 1 or 2 of the present article may, at any time thereafter, declare in one or more of the territories referred to in this declaration that it accepts the jurisdiction of the Court to entertain requests from individuals, non-governmental organisations or groups of individuals, as provided for in article 34 of the Convention , in respect of articles 1 to 5 of this Protocol.
Relationship with the Convention Article 7 (1) States Parties consider articles 1 to 6 of this Protocol as additional articles to the Convention and all the provisions of the Convention shall apply accordingly.
Signature and ratification Article 8 this Protocol is open for signature by Member States of the Council of Europe which 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 previously or simultaneously ratifying the Convention.
The instruments of ratification, acceptance or approval shall 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 Member States of the Council of Europe have expressed their consent to be bound by the Protocol in accordance with the provisions of article 8.
2. for any Member State which subsequently expresses its consent to be bound by the Protocol, it shall enter into force the first day of the month following the expiration of a period of two months after the date of deposit of the instrument of ratification, acceptance or approval.
Article 10 depositary functions the Secretary General of the Council of Europe shall notify all the Member States of the Council of Europe: a. any signature;
b. the deposit of any instrument of ratification, acceptance or approval;
c. any date of entry into force of this Protocol in accordance with articles 6 and 9;
d. any other Act, notification or declaration relating to the Protocol.
In faith whereof, the undersigned duly authorized thereto, have signed this Protocol.
Done at Strasbourg, on 22 November 1984, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General
of the Council of Europe shall certified copies to each of the Member States of the Council of Europe.
_ Notes (1) text amended according to the provisions of Protocol No. 11 (ETS No. 155).
(2) text added in accordance with the provisions of Protocol No. 11 (ETS No. 155).
Protocol No. 7 to the Convention for the safeguarding of the rights of man and fundamental freedoms, done at Strasbourg on 22 November 1984 States/OrganisationDate Consentemententree date consentementDate authentificationType local ALBANIE02/10/1996Ratification02/10/199601/01/1997 germany19/03/1985indetermine ANDORRE31/05/2007Ratification06/05/200801/08/2008 ARMENIE25/01/2001Ratification26/04/200201/07/2002 AUTRICHE19/03/1985Ratification14/05/198601/11/1988 AZERBAIDJAN25/01/2001Ratification15/04/200201/07/2002 report11/05/2005Ratification13/04/201201/07/2012 Bosnia and HERZEGOVINE24/04/2002Ratification12/07/200201/10/2002 BULGARIE03/11/1993Ratification04/11/200001/02/2001 CHYPRE02/12/1999Ratification15/09/200001/12/2000 CROATIE06/11/1996Ratification05/11/199701/12/1998 DANEMARK22/11/1984Ratification18/08/198801/11/1988 Spain.22/11/1984Ratification16/09/200901/12/2009 ESTONIE14/05/1993Ratification16/04/199601/07/1996 FINLANDE05/05/1989Ratification10/05/199001/08/1990 FRANCE22/11/1984Ratification17/02/198601/11/1988 GEORGIE17/06/1999Ratification13/04/200001/07/2000 Great Britain indeterminate HONGRIE06 GRECE22/11/1984Ratification29/10/198701/11/1988. 11/1990Ratification05/11/199201/02/1993 IRLANDE11/12/1984Ratification03/08/200101/11/2001 ISLANDE19/03/1985Ratification22/05/198701/11/1988 ITALIE22/11/1984Ratification07/11/199101/02/1992 LETTONIE21/03/1997Ratification27/06/199701/09/1997 LIECHTENSTEIN07/12/2004Ratification08/02/200501/05/2005 LITUANIE14/05/1993Ratification20/06/199501/09/1995 LUXEMBOURG22/11/1984Ratification19/04/198901/07/1989 MACEDOINE14/06/1996Ratification10/04/199701/07/1997 MALTE15/01/2003Ratification15/01/200301/04/2003 MOLDAVIE02/05/1996Ratification12/09/199701/12/1997 MONACO05/10/2004Ratification30/11 /. 2006-02-200501 MONTENEGRO03/04/2003Ratification03/03/200406/06/2006 NORVEGE22/11/1984Ratification25/10/198801/01/1989 country-BAS22/11/1984indetermine POLOGNE14/09/1992Ratification04/12/200201/03/2003 PORTUGAL22/11/1984Ratification20/12/200401/03/2005 ROUMANIE04/11/1993Ratification20/06/199401/09/1994 RUSSIE28/02/1996Ratification05/05/199801/08/1998 SAINT MARIN01/03/1989Ratification22/03/198901/06/1989 SERBIE03/04/2003Ratification03/03/200401/06/2004 SLOVAQUIE21/02/1991Ratification18/03/199201/01/1993 SLOVENIE14/05/1993Ratification28/06/199401/09/1994 SUEDE22/11/1984Ratification08 /. 11/198501/11/1988 SUISSE28/02/1986Ratification24/02/198801/11/1988 Czech REP.21/02/1991Ratification18/03/199201/01/1993 1985indetermine-03-TURQUIE14 UKRAINE19/12/1996Ratification11/09/199701/12/1997 withdrawal of a DECLARATION INTERPRETATIVE dated April 13, 2012, the Kingdom of Belgium withdrew its interpretative declaration made at the signing of Protocol No. 7 to the Convention for safeguarding of rights of man and fundamental freedoms done at Strasbourg on 22 November 1984.
This statement was as follows: "the Belgium hears the words 'residing' and"regularly"mentioned in article 1 of this Protocol in the sense given in paragraph 9 of its explanatory report. ''