22 AOUT 2006. - An Act to amend Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending the monitoring system of the Convention, done in Strasbourg on 13 May 2004 (1)

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. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending the monitoring system of the Convention, done in Strasbourg on 13 May 2004, will come out its full and complete effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, August 22, 2006.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Session 2005-2006.
Senate.
Documents. - Bill tabled on 24 April 2006, No. 3-1668/1. - Report, number 3-1668/2.
Annales parliamentarians. - Discussion, meeting of June 15, 2006. - Vote, meeting of 15 June 2006.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-2562/1. - Text adopted in plenary and subject to Royal Assent, No. 51-2562/2.
Annales parliamentarians. - Discussion, meeting of 13 July 2006. - Vote, meeting of 13 July 2006.

Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending the monitoring system of the Convention
Preamble
Member States of the Council of Europe, signatories to this Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (hereinafter referred to as the "Convention").
Having regard to resolution 1 and the Declaration adopted at the European Ministerial Conference on Human Rights, held in Rome on 3 and 4 November 2000;
In view of the statements adopted by the Committee of Ministers on 8 November 2001, 7 November 2002 and 15 May 2003, at its 109^e, 111^e and 112^e Sessions respectively;
Considering Opinion No. 251 (2004), adopted by the Parliamentary Assembly of the Council of Europe on 28 April 2004;
Considering that it is necessary and urgent to amend certain provisions of the Convention in order to maintain and strengthen the long-term effectiveness of the monitoring system mainly because of the continued increase in the workload of the European Court of Human Rights and the Committee of Ministers of the Council of Europe;
Considering, in particular, the need to ensure that the Court continues to play its leading role in the protection of human rights in Europe,
agreed that:
Article 1^er
Article 22, paragraph 2, of the Convention is deleted.
Article 2
Article 23 of the Convention is amended to read:
"Article 23 - Duration of term and revocation
1. Judges shall be elected for a period of nine years. They are not eligible.
2. The judge's term ends as soon as they reach the age of 70.
3. Judges remain in office until their replacement. However, they continue to hear cases before them.
4. A judge may only be relieved of his duties if the other judges decide, by a two-thirds majority, that the judge ceased to meet the requirements. »
Article 3
Article 24 of the Convention is deleted.
Article 4
Article 25 of the Convention becomes Article 24 and its wording is amended to read:
“Article 24 - Registry and Rapporteurs
1. The Court has a Registry whose tasks and organization are determined by the Court's regulations.
2. When serving as a single judge, the Court is assisted by rapporteurs who perform their duties under the authority of the President of the Court. They are part of the Court's registry. »
Article 5
Article 26 of the Convention becomes Article 25 ("the Plenary Assembly") and its wording is amended as follows:
1. At the end of paragraph d, the comma is replaced by a point-virgule and the word "and" is deleted.
2. At the end of paragraph (e), the point shall be replaced by a point-virgule.
3. A new paragraph (f) is added, which reads:
"(f) makes any request under section 26, paragraph 2. »
Article 6
Article 27 of the Convention becomes Article 26 and its wording is amended to read:
"Article 26 - Single Judge Training, Committees, Chambers and Enlarged Board
1. For the examination of the cases brought before it, the Court sits in single judges, in three judges' committees, in seven judges' chambers, and in a grand Chamber of seventeen judges. The Chambers of the Court constitute committees for a specified period of time.
2. At the request of the Plenary Assembly of the Court, the Committee of Ministers may, by a unanimous decision and for a specified period, reduce the number of judges of the Chambers to five.
3. A judge serving as a single judge shall not examine any application against the High Contracting Party for which the judge was elected.
4. The judge elected under a High Contracting Party to the dispute shall be a member of law of the Chamber and the Enlarged Chamber. In the event of the absence of this judge, or where he is unable to sit, a person chosen by the President of the Court on a list submitted in advance by that Party shall serve as a judge.
5. It is also part of the Enlarged Board, the President of the Court, the Vice-Presidents, the Speakers of the Chambers and other judges appointed in accordance with the Rules of the Court. When the case is referred to the Enlarged Board under section 43, no judge of the Chamber who has rendered the order may sit there except for the President of the Chamber and the judge who has served under the High Contracting Party concerned. »
Article 7
After new article 26, a new article 27 is inserted in the Convention, which reads as follows:
« Article 27 - Jurisdiction of single judges
1. A single judge may declare an application filed under section 34 inadmissible or remove it from the role where such a decision may be taken without further consideration.
2. The decision is final.
3. If the single judge does not declare a motion inadmissible or fails to dismiss it, the judge shall forward it to a committee or chamber for further consideration. »
Article 8
Article 28 of the Convention is amended to read:
"Article 28 - Competence of Committees
1. A committee having an individual request under section 34 may, by unanimous vote,
(a) declare it inadmissible or remove it from the role where such a decision may be taken without further consideration; or
(b) declare it admissible and jointly render a judgment on the merits where the question relating to the interpretation or application of the Convention or its Protocols that originate from the case is the subject of a well-established jurisprudence of the Court.
2. Decisions and decisions provided for in paragraph 1^er are final.
3. If the judge elected under the High Contracting Party party to the dispute is not a member of the committee, the Committee may at any time of the proceedings invite him to sit in its place and place of one of its members, taking into account all relevant factors, including the question of whether the Party has challenged the application of the procedure of paragraph 1.b."
Article 9
Article 29 of the Convention is amended as follows:
1. The wording of paragraph 1^er is amended to read: "If no decision has been made under sections 27 or 28, or no judgments rendered under section 28, a Chamber shall rule on the admissibility and merits of individual requests filed under section 34. The decision on admissibility may be taken separately. »
2. A new sentence is added at the end of paragraph 2, which reads as follows: "Unless the Court decides otherwise in exceptional cases, the decision on admissibility is taken separately. »
3. Paragraph 3 is deleted.
Article 10
Article 31 of the Convention is amended as follows:
1. At the end of paragraph (a), the word "and" is deleted.
2. Paragraph (b) renumber as paragraph (c) and a new paragraph (b), to read:
"(b) shall decide on matters before the Court by the Committee of Ministers under Article 46, paragraph 4; and »
Article 11
Article 32 of the Convention is amended as follows:
At the end of paragraph 1^era comma and the number 46 are inserted after the number 34.
Article 12
Paragraph 3 of Article 35 of the Convention is amended to read:
“3. The Court declares inadmissible any individual application filed under section 34 where it considers:
(a) that the request is incompatible with the provisions of the Convention or its Protocols, manifestly unfounded or abusive; or
(b) the appellant has not suffered any significant harm, unless the respect for human rights guaranteed by the Convention and its Protocols requires a review of the application on the merits and provided that no case has been duly examined by an internal tribunal for that reason. »
Article 13
A new paragraph 3 is added at the end of Article 36 of the Convention, which reads as follows:
“3. In any case before a Chamber or the Enlarged Chamber, the Commissioner for Human Rights of the Council of Europe may make written submissions and take part in the hearings. »
Article 14
Article 38 of the Convention is amended to read:
“Article 38 - Conflicting review of the case
The Court shall consider the matter in a contradictory manner with the representatives of the parties and, where appropriate, conduct an investigation into the effective conduct of which the High Contracting Parties concerned shall provide all necessary facilities. »
Article 15
Article 39 of the Convention is amended to read:
"Article 39 - Friendly Regulations
1. At any time of the proceedings, the Court may make available to the parties concerned in order to reach a friendly settlement of the case based on respect for human rights as recognized in the Convention and its Protocols.
2. The procedure described in paragraph 1^er is confidential.
3. In the event of an amicable settlement, the Court dismissed the case of the role by a decision which was limited to a brief statement of the facts and the solution adopted.
4. This decision is forwarded to the Committee of Ministers which monitors the implementation of the terms of the amicable regulation as set out in the decision. »
Article 16
Article 46 of the Convention is amended to read:
« Article 46 - Mandatory force and enforcement
1. The High Contracting Parties undertake to comply with the final judgments of the Court in the disputes to which they are parties.
2. The final decision of the Court is forwarded to the Committee of Ministers who monitors its execution.
3. When the Committee of Ministers considers that the monitoring of the execution of a final judgment is hampered by a difficulty in interpreting this judgment, it may refer to the Court so that it may decide on this question of interpretation. The decision to appeal to the Court shall be taken by a two-thirds majority of the representatives entitled to sit on the Committee.
4. When the Committee of Ministers considers that a High Contracting Party refuses to comply with a final judgment in a dispute to which it is a party, it may, after having placed that Party in its place and by a decision taken by a two-thirds majority of the representatives entitled to sit on the Committee, refer the matter of compliance by that Party with its obligation under paragraph 1.
5. If the Court finds a violation of paragraph 1^er, it refers the matter to the Committee of Ministers to examine the measures to be taken. If the Court finds that there was no violation of paragraph 1, it refers the matter to the Committee of Ministers, which decides to close its consideration. »
Article 17
Article 59 of the Convention is amended as follows:
1. A new paragraph 2 is inserted, which reads as follows:
“2. The European Union may accede to this Convention. »
2. Paragraphs 2, 3 and 4, renumber as paragraphs 3, 4 and 5.
Final and transitional provisions
Article 18
1. This Protocol is open for signature by the States members of the Council of Europe signatories to the Convention, which may express their consent to be bound by:
(a) signature without reservation of ratification, acceptance or approval; or
(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
2. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
Article 19
This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which all Parties to the Convention have expressed their consent to be bound by the Protocol, in accordance with the provisions of Article 18.
Rule 20
1. At the date of entry into force of this Protocol, its provisions apply to all pending applications before the Court and to all judgments whose execution is monitored by the Committee of Ministers.
2. The new admissibility criterion inserted by Article 12 of this Protocol in Article 35, paragraph 3.b of the Convention does not apply to applications declared admissible before the entry into force of the Protocol. Within two years after the entry into force of this Protocol, only the Chambers and the Enlarged Board of the Court may apply the new admissibility criterion.
Article 21
At the date of entry into force of this Protocol, the term of office of judges carrying out their first term of office shall be extended to a total of nine years. The other judges complete their term of office, which is extended in full two years.
Article 22
The Secretary General of the Council of Europe will notify the Member States of the Council of Europe:
(a) any signature;
(b) the deposit of any instrument of ratification, acceptance or approval;
(c) the effective date of this Protocol in accordance with Article 19; and
(d) any other act, notification or communication relating to this Protocol.
In faith, the undersigned, duly authorized to do so, have signed this Protocol.
Done in Strasbourg on 13 May 2004, 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.

For the consultation of the table, see image

Protocol No. 14 has not yet entered into force.