243/1998 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs declares that on 11 July. May 1994 was in
Strasbourg, accepted, and on behalf of the United States signed Protocol No 11 to the
Convention for the protection of human rights and fundamental freedoms, amending the
the control mechanism set up in it.
The Protocol gave its assent, Parliament of the Czech Republic and approved by it
in accordance with article 39 paragraph 2. 4 of the Constitution of the United States as an international treaty
on human rights and fundamental freedoms as defined in article 10 of the Constitution
Of the Czech Republic. President of the Republic has ratified the Protocol.
The Charter of the United States instrument of ratification was deposited with the
Secretary-General of the Council of Europe, the depositary of the Protocol, on July 28. April 1995.
The Protocol shall enter into force on the basis of its article 4 on 1 January 2000.
November 1998, and that date shall enter into force for the Czech Republic.
Czech translation of Protocol No 11 shall be published at the same time.
Protocol No 11
to the Convention on the protection of human rights and fundamental freedoms, amending the
the control mechanism set up in it
Member States of the Council of Europe, signatory to this Protocol to the Convention on
the protection of human rights and fundamental freedoms, signed in Rome on 4.
November 1950 (hereinafter referred to as "the Convention"),
considering the urgent need for change control mechanism
established by the Convention in order to maintain and increase the effectiveness of the protection of
human rights and fundamental freedoms, mainly due to an increase in the number of
complaints and a growing number of member countries of the Council of Europe,
considering that it is therefore desirable to amend for this purpose, certain
the provisions of the Convention, in particular to replace the existing European Commission and the Court
for a new Permanent Court of human rights,
taking note of Resolution No. 1 adopted at the European Ministerial
Conference on human rights, held in Vienna on 19 and 20 June. and 20.
March 1985,
Noting recommendation 1194 (1992), adopted by the Parliamentary
Assembly of the Council of Europe on 6. October 1992,
Noting the decision on the reform of the control mechanism of the Convention,
adopted by the heads of State and Government of the Member countries of the Council of Europe in Vienna
the Declaration of 9 June. October 1993
They agreed on the following:
Article 1
The existing text of titles II to IV of the Convention (articles 19 to 56) and Protocol No 2,
conferring on the European Court of human rights the power to issue
opinions, shall be replaced by the following title II of the Convention (articles 19 to 51):
"TITLE II-
THE EUROPEAN COURT OF HUMAN RIGHTS
Article 19-
The Establishment Of The Court
In order to ensure the fulfilment of the commitments adopted by the High Contracting Parties in
The Convention and the protocols annexed to it, the European Court of human rights
(hereinafter referred to as "the Court"). The Court carries out its activities as a permanent Office.
Article 20-
Number of judges
The number of judges forming the Court is equal to the number of High Contracting Parties.
Article 21-
The conditions for the exercise of functions
1. the judges shall be of high moral character and must fulfil the conditions
required for the performance of high judicial office or be recognised
lawyers.
2. the judges in the Court as a private person.
3. in its current term of Office, the judges cannot carry on business
that is incompatible with their independence and impartiality or with the demands of
the Permanent Bureau; on all matters raised by the application of this paragraph
shall be decided by the Court.
Article 22-
Election of judges
1. the judges shall be elected by the Parliamentary Assembly for each High
party to the majority of votes cast from a list of three candidates
submitted by the High Contracting Party.
2. the same procedure shall apply when the Court in the case of the accession of the
New High Contracting Parties and in filling occasionally
the vacant seats.
Article 23-
The term of Office
1. the judges shall be elected for a term of six years. May be eligible for re-election.
Term of Office of half of the judges elected at the first election, however,
ends at the end of the third year.
2. the judges whose term of office ends on the expiry of the initial
the three-year period will be determined by drawing lots of the Secretary-General of the Council of Europe
immediately after they are elected.
3. in order to ensure, in the context of options, the replacement of one
half the judges every three years, the Parliamentary Assembly
decide, before proceeding to any subsequent election, that the function
period of one or more of the judges who are to be elected, will have a different
length than six years but not more than nine and not less than three years.
4. In the case where more than one term of Office, and when
The Parliamentary Assembly will proceed under the preceding paragraph,
This period shall be allocated by drawing lots of the Secretary-General of the Council of Europe immediately after the
elections.
5. the judge, who was elected to replace a judge whose term of Office
not expired shall hold office for the remainder of the term of Office of his predecessor.
6. The term of Office of the judges is over the age of 70 years.
7. Judges hold office until they are replaced. Then what were
However, they continue discussing replaced those cases that have already
they assess.
Article 24-
Appeal
No judge shall not be deprived of their Office, if the other judges
a two-thirds majority, do not decide that it no longer meets the
the required conditions.
Article 25-
Office and referendáři
The Court has an Office, whose duties and the Organization lays down rules of court.
The Court help to referendáři.
Article 26-
The Plenary Court
The Plenary Court
and the three-year period) elect its President and one or two
the Vice-President; These may be eligible for re-election
(b)), the boards shall be established for a fixed period,
(c) elect the President of the Chambers of the Court); These may be eligible for re-election
d) adopt rules of court,
e) elect the Registrar and one or more representatives of the head of
Office.
Article 27-
Committees, Chambers and Grand Chamber
1. the consideration of the cases submitted to the Court in the committees
of the three judges, in chambers of seven judges and in a Grand Chamber
a panel of judges. The Court's Chambers shall set up committees to firmly
a specified period.
2. A member of the Chamber and the Grand Chamber the judge elected, ex officio
the party concerned or, if such is not or is not able to
sit, the person designated by him to Medjugorje as a judge.
3. the Grand Board shall further be composed of the President of the Court, the Vice-Presidents, the Presidents of the
of the Chambers and other judges chosen in accordance with the rules of procedure of the Court.
If the case is referred to in article 43, passed to the Grand Chamber, not in it
judge of the Chamber which delivered the judgment, with the exception of the President
the Chamber and the judge who sat for the party concerned.
Article 28-
Statement of the Committee about the unacceptability
The Committee may unanimously declare inadmissible or strike it out of
its list of cases an individual complaint under article 34,
where such a decision can be taken without further examination. This
decision is final.
Article 29-
The Senate's decision on the admissibility and, in case
1. If it is not a decision made under article 28, a Chamber shall decide on the
and in the matter of the admissibility of individual complaints lodged under article
34.
2. The Senate shall decide on the admissibility and merits of inter-State complaints
submitted under article 33.
3. the decision on admissibility shall be taken separately unless the Court, in
exceptional cases, decides otherwise.
Article 30-
Waiver of jurisdiction in favour of the Grand Chamber
If a case of the present appeal raises a serious question concerning the
interpretation of the Convention or the protocols thereto, or if the decision of the Senate of the
the question of the present it could interfere with the judgment of the previously
The Court handed down by the Senate may at any time before the
the judgment to give up powers in favour of the Grand Chamber, unless the
Neither side of the case does not object.
Article 31-
The powers of the Grand Chamber
The Grand Chamber
and) decides on complaints submitted either under article 33 or article
34 if the Senate gave up its powers under article 30 or when he
the case was referred to under article 43, and
b) assesses complaints about opinions submitted under article 47.
Article 32-
Jurisdiction Of The Court
1. Jurisdiction of the Court shall apply to all matters relating to the interpretation and
application of the Convention and the protocols thereto, which are presented to the Court by
the provisions of articles 33, 34 and 47.
2. Disputes concerning the jurisdiction of the Court the Court shall decide.
Article 33-
Inter-State cases
Any High Contracting Party may notify the Court of any alleged breach of the
the provisions of the Convention and the protocols thereto by another High Contracting Party.
Article 34-
Individual complaints
The Court may accept complaints from any natural person, non-governmental
organisations or groups of individuals claiming for victims as a result of
infringement of the rights conferred by the Convention and the Protocols to it, one of the High
of the Contracting Parties. The High Contracting Parties undertake not in any way
prevent the effective exercise of this right.
Article 35-
The conditions of acceptability
1. the Court may undertake only after the exhaustion of all domestic
remedies according to the generally accepted rules of international
rights and within a period of six months from the date on which the final
decision.
2. the Court shall not deal with any individual complaints submitted
pursuant to article 34, which is
and anonymous, or)
(b)) basically the same as the present complaint before the Court
or already submitted to another international investigation or conciliation
authority and if it contains no relevant new facts.
3. The Court shall declare inadmissible any individual complaint
submitted under article 34 which it considers incompatible with the
the provisions of the Convention or the protocols thereto, manifestly unfounded or
the abusive exercise of the right to file a complaint.
4. the Court shall reject each complaint, which it considers inadmissible under
This article. You may do so at any stage of the proceedings.
Article 36-
The intervention of a third party
1. the High Contracting Party whose national is the complainant, has
in all the cases pending before the Senate, or the Grand Chamber
the right to submit written comments and take part in hearings.
2. the President of the Court may, in the interest of the proper administration of Justice, invite
Each High Contracting Party which is not a party to the proceedings, or any
the person concerned who is not the complainant to submit a written
observations or to participate in the hearing.
Article 37-
Removal of complaints
1. the Court may at any stage of the proceedings decide to strike out
complaints from its list of cases where the circumstances lead to the conclusion
that
and does not insist on its own) the complainant the complaint, or
(b)) case has already been resolved, or
(c)) for any other reason established by the Court is no longer
reason to continue the examination of the complaint.
However, the Court continues examination of the complaint, if required by the compliance
the human rights guaranteed by the Convention and the protocols thereto.
2. the Court may decide to return the complaint to their list of cases
If it considers that the circumstances justify such a step.
Article 38-
Examination of the case and the procedure for amicable settlement of
1. If the Court shall recognise complaint as an acceptable,
and) in order to establish the facts in the case continues
together with the representatives of the parties and, if necessary, carry out an investigation, for the
the effective implementation of the participating States shall provide all the necessary
resources,
(b)) provides all-round assistance to interested parties in order to achieve
an amicable settlement of the matter on the basis of respect for human rights, as
are laid down by the Convention and the protocols thereto.
2. proceedings conducted under paragraph 1 (b)) is confidential.
Article 39-
Achieving an amicable settlement
If an amicable settlement is reached, the Court shall withdraw the case from its list
in the form of a decision which shall be confined to a brief statement of the facts and
the adopted solution.
Article 40-
The public hearings and access to documents
1. Hearings shall be public, unless the Court in exceptional circumstances
decides otherwise.
2. documents deposited with the Registrar are accessible to the public,
If the President of the Court decides otherwise.
Article 41-
Just satisfaction
If the Court finds that there has been a violation of the Convention or the protocols thereto, and
If the internal law of the High Contracting Party concerned allows you to
only a partial remedy, if necessary, the Court shall grant the injured party
just satisfaction.
Article 42-
Judgments of the Senate
Judgments of the Chamber shall become final in accordance with the provisions of article 44
paragraph. 2.
Article 43-
Referral to the Grand Chamber
1. Within three months from the date of the judgment of the Chamber, the parties may case
apply in exceptional cases, to refer the case to the Grand Chamber.
2. the College of five judges of the Grand Chamber a request, if the case
raises the all-important question relating to the interpretation or application of the Convention or
Protocols thereto, or a serious issue of general importance.
3. If the jury accepts the request, the Grand Chamber shall decide the case in the form of
the judgment.
Article 44-
The finality of the judgment
1. the judgment of the Grand Chamber shall be final.
2. the judgment of the Chamber becomes final,
and once the parties) have declared that they will not request a referral
The Grand Chamber, or
(b)) after the expiry of three months from the date of the judgment, if the
was not requested to refer the case to the Grand Chamber, or
(c)) as soon as the judges of the Grand Chamber rejects the request referred to in article
43.
3. the final judgment shall be published.
Article 45-
Judgment and decision
1. Judgments and decisions on admissibility or inadmissibility of the complaint
must be justified.
2. If the judgment or part of it does not express the unanimous view
judges, each judge is authorized to connect to it its different point of view.
Article 46-
Binding effect and enforcement of the judgment
1. The High Contracting Parties undertake to abide by the final
judgment of the Court in all cases to which they are parties.
2. the final judgment of the Court shall be served on the Committee of Ministers, which shall supervise the
his performance.
Article 47-
Testimonials
1. the Court may, at the request of the Committee of Ministers to issue advisory opinions on legal
matters relating to the interpretation of the Convention and the protocols thereto.
2. Such opinions shall not deal with questions relating to the content
or the scope of the rights or freedoms defined in section I of the Convention and in
Protocols annexed to it, or any other issues that the Court or the Committee
Ministers could consider in consequence of any proceedings which may be
initiated in accordance with the Convention.
3. Decisions of the Committee of Ministers to request an advisory opinion, the Court requires the most
votes of the representatives entitled to sit on the Committee.
Article 48-
The advisory jurisdiction of the Court
The Court shall decide whether a request for an opinion from the Committee of Ministers falls within the
his powers laid down in article 47.
Article 49-
Justification reports
1. a court shall justify your opinion.
2. If the Advisory opinion does not represent in whole or in part the unanimous opinion of
judges, each judge has the right to connect to your own opinion.
3. the Opinions of the Court shall be sent to the Committee of Ministers.
Article 50-
The Expenses Of The Court
The expenses of the Court shall be borne by the Council of Europe.
Article 51-
The privileges and immunities of judges
The judges during the performance of their duties shall also enjoy the privileges and immunities referred to in
Article 40 of the Statute of the Council of Europe and in the agreements on the basis of
concluded. ".
Article 2
1. Title V of the Convention becomes a title III of the Convention; Article 57 of the Convention becomes
Article 52 of the Convention; articles 58 and 59 of the Convention shall be deleted and articles 60 to 66
The Convention shall become articles 53 to 59 of the Convention.
2. section I of the Convention is called the "rights and freedoms" and new title III of the Convention
It is called "MISCELLANEOUS PROVISIONS". Articles 1 to 18 and new articles 52 to 59
The Convention shall be the headings listed in the annex to this Protocol.
3. In the new article 56 para. 1, the words "in accordance with paragraph 4 of this article"
shall be inserted after the word "will"; in paragraph 4, the words "of the Commission to
accept complaints "and" in accordance with article 25 of this Convention "shall be replaced by
"The Court to accept the complaint," and "in accordance with the provisions of article 34
Of the Convention ". In a new article 58 paragraph. 4, the words "in accordance with the provisions of article
63 "shall be replaced by the words" of article 56 ".
4. the Protocol to the Convention is amended to read as follows:
and) articles shall be the headings listed in the annex to the present
of the Protocol;
(b)) in the last sentence of article 4, the words "of article 63" shall be replaced by
"article 56".
5. Protocol No. 4 shall be amended as follows:
and) articles shall be the headings listed in the annex to the present
of the Protocol;
(b) in article 5 (3)). 3, the words "of article 63" shall be replaced by the words "of article 56";
the following new paragraph 5 worded as follows: "5. any State which has made a
Declaration in accordance with paragraph 1 or 2 of this article may at any time
later declare on behalf of one or more of the territories to which the Declaration
refers to recognizing the jurisdiction of the Court to receive complaints from individuals,
non-governmental organisations or groups of individuals under the provisions of article
34 of the Convention in relation to articles 1 to 4 of this Protocol, or to
any of them. ";
(c) paragraph 2 of article 6) shall be deleted.
6. Protocol No. 6 shall be amended as follows:
and) articles shall be the headings listed in the annex to the present
of the Protocol;
(b)) in article 4, the words "article 64" shall be replaced by "referred to in article
57 ".
7. Protocol No. 7 shall be amended as follows:
and) articles shall be the headings listed in the annex to the present
of the Protocol;
(b) in article 6, paragraph 1). 4, the words "of article 63" shall be replaced by "article 56"
and the following new paragraph 6 worded as follows:
"6. any State which has made a declaration in accordance with paragraph 1 or 2
This article may at any time thereafter declare on behalf of one or more
territory, relates that it accepts the competence of the Court to receive
complaints from individuals, nongovernmental organisations or groups of individuals
in accordance with the provisions of article 34 of the Convention in relation to articles 1 to 5 of this
Protocol or to any of them. ";
(c) paragraph 2 of article 7) shall be deleted.
8. Protocol No. 9 shall be deleted.
Article 3
1. this Protocol is open for signature by the Member States of the Council of Europe, which
have signed the Convention, which may express their consent to be bound by it
and the signature) without reservation of ratification, acceptance or approval; or
b) signature subject to ratification, acceptance or approval, after which the
followed by ratification, acceptance or approval.
2. the instrument of ratification, acceptance or approval shall be
deposited with the Secretary-General of the Council of Europe.
Article 4
This Protocol shall enter into force on the first day of the month following the
the expiration of one year from 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 3. Options
new judges can take place and all the other necessary steps for
the purpose of the establishment of the new Tribunal may be made in accordance with the provisions of
This Protocol from the date on which all parties to the Convention have expressed their
its consent to be bound by the Protocol.
Article 5
1. The term of Office of the judges, members of the Commission, the Registrar and the representative of the
the head of office expires on the day of the entry into force of this Protocol,
without prejudice to the provisions of paragraphs 3 and 4 below.
2. Complaints to the date of entry into force of this Protocol have not been
The Commission declared acceptable, will deal with the Court in accordance with the
the provisions of this Protocol.
3. Complaints to the date of entry into force of this Protocol have been
declared acceptable, will address members of the Commission in the period
one year after. All complaints, whose assessment was not
terminated in due time, will be submitted to the Court that they will
deal with the complaint as acceptable in accordance with the provisions of this
Protocol.
4. as regards the complaint that the Commission, after the entry into force of this Protocol
force has adopted a report in accordance with the original article 31 of the Convention, this
report shall be transmitted to the parties, which are not entitled to publish it. In accordance
with the provisions applicable before the entry into force of this Protocol,
the case may be brought before the courts. Judges of the Grand Chamber shall determine whether
one of the boards or the Grand Chamber shall decide the case. Decide if the
the case of the Senate, his decision is final. The cases that have not been
forwarded to the Court, the remainder of the Committee of Ministers in accordance with the provisions of
the original article 32 of the Convention.
5. the present Court Cases that have not been resolved to the date of entry
the entry into force of this Protocol, shall be transmitted to the Grand Chamber of the Court which is
consider the dispute in accordance with the provisions of this Protocol.
6. the present Cases the Committee of Ministers, which were not based on the original
Article 32 of the Convention concluded on the date of entry into force of this Protocol,
completes the Committee of Ministers in accordance with this article.
Article 6
It has made a high contracting party to the Declaration, which recognizes the jurisdiction of the
The Commission or the jurisdiction of the Court under the original article 25 or 46 of the Convention
in relation to matters arising from or based on the facts that
have become after such declaration, this restriction will remain in effect for the
the jurisdiction of the Court under this Protocol.
Article 7
The Secretary General of the Council of Europe shall notify the Member States of the Council:
and) each signature;
(b)) the deposit of any instrument of ratification, acceptance or
approval;
(c)) date of entry of this Protocol or of any of its provisions in the
into force in accordance with article 4;
d) each other Act, notification or communication relating to this Protocol.
On the evidence of this, the undersigned, who were duly authorized to do so,
have signed this Protocol.
Given in Strasbourg on 11 October. in May 1994, in English and French,
both texts being equally authentic, in a single copy, which
be deposited in the archives of the Council of Europe. Certified copies to
the Secretary General of the Council of Europe to all Member States of the Council of Europe.
Annex
The names of the articles, which will be incorporated into the text of the Convention for the protection of human
rights and fundamental freedoms and the protocols thereto
Article 1-the obligation to respect human rights
Article 2-right to life
Article 3-prohibition of torture
Article 4-prohibition of slavery and forced labour
Article 5-the right to liberty and security of
Article 6-Right to a fair trial
Article 7-no punishment without law
Article 8-right to respect for family and private life
Article 9-freedom of thought, conscience and religion
Article 10-freedom of expression
Article 11-Freedom of Assembly and Association
Article 12-right to marry
Article 13-the right to effective remedies
Article 14-prohibition of discrimination
Article 15-withdrawal from obligations in the event of a threat to
Article 16-restrictions on political activity of aliens
Article 5-prohibition of abuse of rights
Article 18-Border restrictions on the rights options
* * *
Article 52-request the Secretary-General of the
Article 53-the guaranteed Protection of human rights
Article 54 – powers of the Committee of Ministers
Article 55-exclusion of other means of settlement of the dispute
Article 56 – territorial application
Article 57-Reservations
Article 58 – Denunciation
Article 59 – signature and ratification
Protocol
Article 1-protection of ownership
Article 2-right to education
Article 3-the right to free elections
Article 4-the territorial scope
Article 5 relationship to the Convention
Article 6 – signature and ratification
Protocol No 4
Article 1-the prohibition of imprisonment for debt
Article 2-freedom of movement
Article 3-prohibition of expulsion of State citizens
Article 4-prohibition of collective expulsion of aliens
Article 5-territorial application
Article 6-Relationship to the Convention
Article 7-signature and ratification
Protocol No 6
Article 1-the ban on the death penalty
Article 2-the death penalty in time of war
Article 3-prohibition of withdrawal
Article 4-Prohibition of reservations
Article 5-territorial application
Article 6-Relationship to the Convention
Article 7-signature and ratification
Article 8-entry into force
Article 9-depositary Tasks
Protocol No 7
Article 1-procedural safeguards relating to expulsion of aliens
Article 2-the right of appeal in criminal matters
Article 3-compensation for unlawful conviction
Article 4-the right not to be tried or punished twice
Article 5-Equality between spouses
Article 6-the territorial scope
Article 7-Relationship to the Convention
Article 8-signature and ratification
Article 9-entry into force
Article 10-the depositary's Tasks
