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Law On Consent To The Sixth Protocol To The General Agreement On Privileges And Immunities Of The Council Of Europe, Done At Strasbourg On 5 March 1996 (1)

Original Language Title: Loi portant assentiment au Sixième Protocole additionnel à l'Accord général sur les privilèges et immunités du Conseil de l'Europe, fait à Strasbourg le 5 mars 1996 (1)

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1 MARCH 2000. - Act enacting the Sixth Protocol to the General Agreement on the Privileges and Immunities of the Council of Europe, done in Strasbourg on 5 March 1996 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Sixth Additional Protocol to the General Agreement on the Privileges and Immunities of the Council of Europe, made in Strasbourg on 5 March 1996, will be effective.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given to Châteauneuf-de-Grasse, 1er March 2000.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 1999-2000.
Senate.
Documents. - Bill tabled on 29 November 1999, No. 2-165/1. - Report, no. 2-165/2. - Text adopted in session and transmitted to the Chamber, No. 2-165/3.
Annales parliamentarians. - Discussion. Meeting of 15 December 1999. - Vote. Session of 16 December 1999.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 50-336/1. - Report, no. 50-336/2.
Annales parliamentarians. - Discussion. Session of 20 January 2000. - Vote. Session of 20 January 2000.
ADDITIONAL PROTOCOL TO THE GENERAL ASSEMBLY ON THE PRIVILEGES AND IMMUNITES OF THE EUROPEAN COUNCIL
The States members of the Council of Europe, signatories to this Protocol,
Considering the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (hereinafter referred to as "the Convention");
Considering Protocol No. 11 to the Convention, restructuring the monitoring mechanism established by the Convention, signed in Strasbourg on 11 May 1994 (hereinafter referred to as Protocol No. 11 to the Convention), which establishes a European Permanent Court of Human Rights (hereinafter referred to as "the Court") to replace the Commission and the European Court of Human Rights;
Considering also Article 51 of the Convention, which specifies that judges shall enjoy, during the performance of their functions, the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements concluded under this Article;
Recalling the General Agreement on the Privileges and Immunities of the Council of Europe, signed in Paris on 2 September 1949 (hereinafter referred to as the General Agreement), and its Second, Fourth and Fifth Protocols;
Considering that a new Protocol to the General Agreement is appropriate to grant privileges and immunities to the judges of the Court;
The following agreed:
Article 1er
In addition to the privileges and immunities provided for in Article 18 of the General Agreement, judges, both in terms of their spouses and minor children, enjoy the privileges, immunities, exemptions and facilities granted, in accordance with international law, to diplomatic envoys.
Article 2
For the purposes of this Protocol, the term "judges" indifferently means judges elected in accordance with Article 22 of the Convention and any ad hoc judge appointed by a State concerned under Article 27, paragraph 2, of the Convention.
Article 3
In order to ensure that judges have complete freedom of speech and complete independence in the performance of their functions, immunity from jurisdiction, with respect to words or writings or acts emanating from them in the performance of their duties, will continue to be granted to them even after their mandate has ended.
Article 4
Privileges and immunities are granted to judges not for their personal benefit, but for the independent exercise of their functions. The Court, sitting in the plenary meeting, has only the power to adjudicate immunities; She has not only the right but the duty to lift the immunity of a judge in any case where, in her opinion, immunity would prevent justice from being done and where immunity can be lifted without prejudice to the purpose for which it is granted.
Article 5
1. The provisions of articles 1er3 and 4 of this Protocol shall apply to the Clerk of the Court and to an Assistant Clerk when he acts as a Clerk and that it has been formally notified to the States parties to the Convention.
2. The provisions of Article 3 of this Protocol and Article 18 of the General Agreement apply to a Deputy Registrar of the Court.
3. The privileges and immunities provided for in paragraphs 1er and 2 of this article shall be accorded to the clerk and to a deputy clerk not for their personal benefit but for the proper performance of their duties. The Court, sitting in the plenary meeting, has the sole authority to adjudicate the immunities of its Registrar and an Assistant Clerk; It has not only the right but the duty to lift this immunity in all cases where, in its opinion, immunity would prevent justice from being done and where immunity can be lifted without prejudice to the purpose for which it is granted.
4. The Secretary General of the Council of Europe shall, with the consent of the President of the Court, issue the immunity of other members of the Registry in accordance with the provisions of Article 19 of the General Agreement and with due regard to the considerations set out in paragraph 3.
Article 6
1. The documents and documents of the Court, the judges and the Registry, as long as they relate to the activity of the Court, are inviolable.
2. The official correspondence and other official communications of the Court, the judges and the Registry shall not be retained or censored.
Article 7
1. This Protocol is open for signature by the Member States of the Council of Europe signatories to the General Agreement, 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 8
1. This Protocol shall enter into force on the first day of the month following the expiration of a period of one month after the date on which three Parties to the General Agreement have expressed their consent to be bound by the Protocol in accordance with the provisions of Article 7, if at that date Protocol No. 11 to the Convention has entered into force, or on the date on which Protocol No. 11 to the Convention comes into force on the contrary.
2. For any State Party to the General Agreement that will subsequently sign or ratify or accept or approve the Protocol, this Protocol shall enter into force one month after the date of signature or deposit of the instrument of ratification, acceptance or approval.
Article 9
1. Any State may, at the time of signature without reservation of ratification, ratification or at any other time thereafter, declare, by notification addressed to the Secretary General of the Council of Europe, that this Protocol shall apply to all territories or to any of the territories of which it provides international relations and where the Convention and its Protocols apply.
2. The Protocol shall apply to the territory or territories designated in the notification from the thirtieth day after the date on which the Secretary General of the Council of Europe has received that notification.
3. Any declaration made under paragraph 1 may be withdrawn or amended, with respect to 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 one month after the date of receipt of the notification by the Secretary General.
Article 10
The Secretary General of the Council of Europe shall notify the Member States of the Council:
(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 8 and 9;
(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 5 March 1996, 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.

Sixth Protocol to the General Agreement on the Privileges and Immunities of the Council of Europe, done in Strasbourg on 5 March 1996
LIST OF LIES
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