The Negotiation Of The General Agreement On Privileges And Immunities Of The Council Of Europe

Original Language Title: o sjednání Všeobecné dohody o výsadách a imunitách Rady Evropy

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=43136&nr=179~2F1995~20Sb.&ft=txt

179/1995 Sb.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs says that the 2 July. September 1949 in

Paris adopted the General Agreement on privileges and immunities of the Council of Europe and the

day 6. November 1952 in Strasbourg agreed Protocol to the General

the agreement on the privileges and immunities of the Council of Europe.



With the agreement and the Protocol Agreement, the Parliament of the Czech Republic.

The instrument of accession of the Czech Republic to the General Agreement on privileges and

immunities of the Council of Europe of 2 September. September 1949 and the Protocol of 6 October.

November 1952 was deposited with the depositary of the agreement and the Protocol, i.e..

the Secretary General of the Council of Europe, 28 June. April 1995.



Agreement entered into force pursuant to its article 22 the day 10. September

1952 and Protocol, in accordance with the wording of article 7 (2). (b) entered in the

force on 11. July 1956. For the Czech Republic, the agreement and the Protocol

have entered into force pursuant to article 7 (2). (ii) the Protocol on 28 March 2007.

April 1995.



28 June. April 1995 in Strasbourg, on behalf of the Czech Republic signed:



The second Protocol to the General Agreement on privileges and immunities of the Council of Europe,

done at Paris on 15. December 1956



The Fourth Protocol to the General Agreement on privileges and immunities of the Council of Europe,

done at Paris on 16. December 1961



and



The fifth Protocol to the General Agreement on privileges and immunities of the Council of Europe,

done in Strasbourg on 18 July 2005. June 1990.



With the protocols of the agreement, the Parliament of the Czech Republic and the President of the

the Republic is ratified. The instruments of ratification were deposited with the

the depositary, i.e.. the Secretary General of the Council of Europe, April 30. in May 1995.



The second Protocol has entered into force, pursuant to article 6 (1). 1

day 15. in December 1956, and for the Czech Republic entered into force on

the basis of the same article, paragraph. 2 day 30. in May 1995.



The Fourth Protocol entered into force, pursuant to article 10, paragraph 1. 1

day 16. December, 1961, and for the Czech Republic entered into force on

the basis of the same article, paragraph. 2 day 30. in May 1995.



The fifth protocol has entered into force pursuant to its article 3, paragraph 3. 1

on 1 January 2005. November 1991 and for the Czech Republic shall enter into force on

the basis of the same article, paragraph. 2 on 1 July. September 1995.



Czech translations of the agreement and the Protocol shall be published at the same time.



THE GENERAL AGREEMENT



on the privileges and immunities of the Council of Europe



The Government of the Kingdom of Belgium, the Kingdom of Denmark, the French

Republic, the Kingdom of Greece, the Republic of Ireland, the Italian Republic,

The Grand Duchy of Luxembourg, the Netherlands, Norway

the Kingdom, the Kingdom of Sweden, the Republic of Turkey and the United

Kingdom of Great Britain and Northern Ireland;



Whereas, pursuant to article 40, paragraph (a) of the Statute of the Council of Europe,

representatives of the Member States and the Secretariat shall enjoy in the territory of the Member

States such privileges and immunities as are necessary for the performance of its functions;



Whereas, pursuant to paragraph (b) of the above article, the members of the

The Council of Europe undertook to conclude in order to fulfil the provisions of this

paragraph agreement;



Whereas the Committee of Ministers recommended to the Governments of members that have adopted the

the following provisions;



agree on the following:



TITLE I OF THE



Personality-eligibility



Article 1



The Council of Europe is a legal person. Has the capacity to conclude treaties,

acquire immovable and movable property and to dispose of it and be

the courts.



Taking on these issues on behalf of the Secretary General of the Council of Europe

the necessary measures.



Article 2



The Secretary-General always cooperates with the competent authorities of the Member

States to facilitate the proper administration of Justice, secure the observance of the

police regulations and prevent any abuse of the privileges, immunities,

exemptions and benefits set out in this agreement.



TITLE II



Property, funds and assets



Article 3



The Council, its property and assets, wherever located and in the possession of any person,

shall enjoy immunity in respect of all types of legal proceedings, if the Committee

the Ministers in a particular case, expressly did not give up. It is understood, however, that

waiver of immunity shall not extend to any measure of enforced performance

decision or detention of property.



Article 4



The building and the room of the Council shall be inviolable. Its property and assets,

wherever located, and in the possession of any person subject to inspection, seizure,

confiscation, expropriation or any other administrative, judicial or

legislative intervention.



Article 5



The archives of the Council and all the instruments, which include or are in the

held, shall be inviolable, wherever they are located.



Article 6



Nepodléhajíc financial control, financial legislation or regulation and

the tax moratorium of any kind:



and) the Council may hold any foreign exchange and have accounts in any currency;



(b)), the Council may freely transfer its funds from one country to another, or in

within one country and exchange any foreign currency holding, on any

currency;



c) in exercising its rights referred to in paragraphs a and b)) will take the Council of Europe

due account of the requirements of the Government of the Member, if it finds that they can

meet without injury to its interests.



Article 7



The Council, its assets, income and other property shall be exempt:



and) from all direct taxes; The Council, however, will not claim exemption from

taxes and fees, which are in fact merely a substitute for the General

useful services;



(b)) from all customs duties, import and export prohibitions and restrictions,

in respect of articles intended for its official use; objects imported

This exemption will not be sold on the territory of the State to which they were

brought, except under conditions approved by the Government of this State;



(c)) from all customs duties, import and export prohibitions and restrictions,

as regards its publication.



TITLE III



Connection



Article 8



The Committee of Ministers and the Secretary General shall enjoy in the territory of each Member

the State, in terms of their official connections, at least as favourable

the treatment, which provides that State members of diplomatic offices

any other Government.



Official correspondence and other official connection to the Committee of Ministers and the

The Secretariat is not subject to censorship.



TITLE IV



Representatives of the Member States within the Committee of Ministers



Article 9



Representatives of the Member States within the Committee of Ministers to enjoy, when exercising their

functions and during their journeys to and from the place of meeting the following privileges and immunities:



and immunity from arrest) or another deprivation of liberty and to the seizure of

personal baggage and immunity from legal proceedings of any kind for

oral or written statements, as well as for all meetings, which will make

the title of his official position;



(b) inviolability of all papers and) documents;



(c)) the right to use codes and to receive papers or correspondence by courier

or in sealed luggage;



(d)) for themselves and their spouses from immigration restrictions or exclusions from the

reports of foreigners in the State in which they are arriving or passing through

in the performance of their functions;



(e)) with regard to the foreign exchange or currency restrictions, the same benefits, what is

are the members of the diplomatic authorities of the comparable position;



(f)) regarding the personal baggage, the same immunities and advantages, which are

are the members of the diplomatic offices of comparable rank.



Article 10



In order to ensure the representatives in the Committee of Ministers of the full freedom of expression and

complete independence in the performance of the duties, it will provide immunity

against legal proceedings for oral or written statements, and for all

the negotiations, which will take in the performance of their duties, even after the person

which it relates have stopped to perform these duties.



Article 11



Privileges and immunities are granted to the representatives of the Member States rather than for the

their personal benefit, but in order to safeguard the independent exercise of their

functions in relation to the Committee of Ministers. Therefore, a Member State has not only the right,

but also the obligation to get rid of the immunity of its representative in any case where the

in the opinion of the Member State immunity hindered the exercise of Justice and

When she can give up without prejudice to the purpose for which the immunity it provides.



Article 12



and the provisions of articles 9), 10 and 11 cannot be used in relation to the authorities of the State,

which the person is a citizen of, or which is or has been a representative.



(b)) in articles 9, 10 and 11 and in article 12 (a). and the expression "representatives")

includes all representative, alternate representative, consultant, professional

experts and Secretaries of delegations.



THE HEAD OF THE



Representatives in the Consultative Assembly



Article 13



Free movement of the representatives in the Consultative Assembly and their substitutes to and

from the place of the meeting cannot be subject to any administrative or other

the restrictions. Representatives and their alternates will be, as regards the duties and

shift control (Foreign Exchange limits), provided:



and their own Government, the same) benefits, which are provided by the high

officials of the passengers abroad on business for a transitional period;



(b)), the Governments of other Member States the same advantages as those granted to

representatives of foreign Governments on temporary official missions abroad.



Article 14



Representatives in the Consultative Assembly and their substitutes shall be immune

to all official interrogation, detention and all legal

penalties, in terms of their verbal statements and vote in the exercise of

functions.



Article 15



During a session of the Consultative Assembly representatives in the Assembly and their

alternate members, regardless of whether or not the parliamentary

Members enjoy:
and) on the territory of his home State immunities granted in this State

members of Parliament;



(b)) on the territory of all other Member States immunity from any

detention and prosecution.



This immunity also when traveling to and from the place of meeting of the Advisory

the Assembly. However, the immunity could not be invoked in cases where representatives and

their replacements were caught when committing an offence, the attempt to

a criminal offence or immediately after committing, even in cases where the

the Assembly is deprived of immunity.



TITLE VI OF THE



Officials Of The Council Of



Article 16



Outside of the privileges and immunities referred to in article 18, the Secretary-General and the

the Deputy Secretary-General shall enjoy, together with their spouses and

minor children, the privileges and immunities, exemptions and benefits

diplomatic agents, in accordance with international law.



Article 17



The Secretary General shall determine the categories of officials to which the provisions will be

Article 18 apply. It shall inform the Governments of all the Member States. The names of the

the officials included in these categories will be regularly notified to the

the Governments of the Member States.



Article 18



Officials Of The Council Of Europe:



and shall enjoy immunity from legal) proceedings for oral or written statements,

as well as for all meetings, which will take in its limits from the title of his

the official position within the limits of their powers;



(b)) are exempt from taxation on the salaries and emoluments paid to them by the Council

Of Europe;



(c)) shall not be subject, together with their spouses and members of their families, living on the

their costs, immigration restrictions and reports of foreigners;



(d)) shall be accorded the same privileges in respect of Exchange, officials of the benefits as

similar to the rank assigned to diplomatic offices accredited to the relevant

the Government;



(e)) shall enjoy, together with their spouses and members of their families, living on the

their costs, at a time of international crisis in the repatriation of these same advantages

as diplomatic representatives;



(f) the right to import free of duty) have their furniture and effects at the time, when for the first time

the Office in that State and the duty is re-exported to the State

your permanent residence.



Article 19



Privileges and immunities are granted to officials in the interests of the Council of Europe and not

for their personal benefit. The Secretary-General has the right and at the same time

the obligation to get rid of the immunity of any official in any case where the

in his opinion in the way the administration of Justice, and when she can give up

without prejudice to the interests of the Council of Europe. In the case of the Secretary General and the Deputy

the Secretary-General has the right to deprive them of the immunity of the Committee of Ministers.



TITLE VII



The supplementary agreement



Article 20



The Council may conclude with the Member State or Member States with more

the supplementary agreement, which amended the provisions of this general agreement in

relation to that Member State or those Member States.



TITLE VIII



Disputes



Article 21



Any dispute between the Council and private persons regarding supplies,

services provided and real estate purchased on behalf of the Council, the

submitted to arbitration in accordance with the administrative regulation issued by the General

the Secretary-General and the Committee of Ministers approved.



TITLE IX OF THE



Final provisions



Article 22



This agreement is subject to ratification. The instruments of ratification shall be deposited with

the Secretary General of the Council of Europe. Agreement enters into force as soon as

deposit the instruments of ratification of the seven signatories.



However, the signatories agree that, pending the entry into force of the agreement, in accordance with the

the provisions of the preceding paragraph, and in order to avoid any

delays in the proper operation of the Council will be an agreement from the moment of its signature

provisionally apply, in accordance with their respective constitutional rules.



On the evidence of the subscribers, who have been duly authorised thereto, have signed the

This general agreement.



Done in Paris, on 2. September 1949, in the English and French languages,

both texts are equally authentic, in a single copy, which

will be stored in the archives of the Council of Europe. The Secretary-General shall transmit certified

a copy of each of the signatories.



Annex 1



PROTOCOL



to the General Agreement on privileges and immunities of the Council of Europe



The signatory Governments of the General Agreement on privileges and immunities of the Council of Europe,

signed in Paris 2. September 1949 (hereinafter referred to as "the agreement"),



Desiring to expand the provisions of the agreement,



they agree on this:



Article 1



Any current or future Member State of the Council of Europe, which

did not sign the Agreement, may accede to it and to this Protocol by deposit

its instrument of accession with the Secretary General of the Council of Europe, who

inform the Member States of the Council.



Article 2



and the provisions of title IV of the agreement) will apply to a representative,

participate in the meetings of the representatives of the Ministers.



(b)) the provisions of title IV of the agreement shall apply to the representative (in addition to the representatives in the

The Consultative Assembly), who participate in meetings convened by the Council of Europe

outside the meetings of the Committee of Ministers and the representatives of the Ministers. Representatives,

participating in such meetings, however, cannot invoke immunity

against the arrest and criminal prosecution, if they were caught committing the

the offence of attempting to commit, or immediately after its

committing.



Article 3 of the



The provisions of article 15 of the agreement shall apply to the representative on the Advisory

the Assembly and their substitutes at the time when participating in meetings of committees

and subcommittees of the Advisory Assembly, travel to and from the venue of the

meetings, regardless of whether the Assembly shall meet at this time.



Article 4 of the



The permanent representatives of the Member States of the Council of Europe to enjoy, when exercising

their functions and during their journeys to and from the venue of the meetings of the privileges,

immunities and benefits enjoyed by diplomatic agents of comparable

position.



Article 5



The privileges, immunities, and benefits are not the representatives of the Member States for the

their personal benefit, but to guarantee the independent exercise of their

functions in relation to the Council of Europe. Member State, therefore, has not only a right, but

also the obligation to get rid of his deputy immunity in the case, which would be in the way

the course of Justice and if it is possible for her to give up without prejudice to the purpose for

that provides immunity.



Article 6 of the



The provisions of title IV cannot be used in relation to the authorities of the State of which the

person a citizen or of which he is or has been a representative.



Article 7



and will be opened) this Protocol for signature by all Member States, which

have signed the agreement. The Protocol will be ratified at the same time with the ratification or

After the ratification of the agreement. The instruments of ratification shall be deposited with the

the Secretary-General of the Council of Europe.



(b)) this Protocol shall enter into force on the date when it will be ratified by all

the signatories, which to this date ratified the Agreement, while the number of

the signatories, who ratified the Agreement and the Protocol, shall be not less than

the seven.



(c)) for signatories who ratified later, the Protocol enters into force

on the day of deposit of the instrument of ratification.



(d)) for the Member States which acceded to the agreement and the Protocol, in accordance

with the provisions of article 1, the agreement and the Protocol shall enter into force:



(i) the date that is listed in subparagraph (b)) in cases where the instrument of

access was imposed before that date; or



(ii) the date of deposit of the instrument of accession in the cases, when this instrument is

stored in the day following the date referred to in point (a) (b)).



On the evidence of the subscribers, who have been duly authorised thereto, have signed the

This Protocol.



Given in Strasbourg, 6 July 2005. November 1952 in English and French

language, in a single copy which shall be deposited in the archives of the Council of Europe,

both texts are equally authentic. The Secretary General shall send a copy of the

each Government, which signed the Protocol or acceded to it.



Annex 2



THE SECOND PROTOCOL



to the General Agreement on privileges and immunities of the Council of Europe



The signatory Governments, members of the Council of Europe, m



ajíce regard to the provisions of article 59 of the Convention for the protection of human rights and

fundamental freedoms (hereinafter referred to as "the Convention"), signed in Rome on 4. 11.1950, that

members of the European Commission of human rights (hereinafter referred to as "the Commission") are

entitled to enjoy when exercising their functions, the privileges and immunities referred to in

Article 40 of the Statute of the Council of Europe and in the agreements concluded with a view to the fulfilment of

its provisions,



Recognizing that it is important to identify and define the privileges and immunities in the

the Protocol to the General Agreement on privileges and immunities of the Council of Europe,

signed on 2. September 1949



agree on the following:



Article 1



Members of the Commission, when exercising their functions and during their journeys to and from the place of

the place of meeting, enjoy the following privileges and immunities:



and) immunity from arrest or detention and seizure of personal

luggage and immunity from proceedings of any kind for the oral statements or

written, as well as for all proceedings taken from their official

the position,



(b) inviolability of all papers and) documents,



(c)) exemption for themselves and for their spouses from immigration restrictions, or

reports of foreigners in the State in which they are arriving or passing through

in the performance of their functions.



Article 2



1. no administrative or other restrictions will be imposed on the free

the movement of the members of the Commission and from the place of meeting of the Commission.



2. As regards customs and foreign exchange limits, will be made available to the members of the Commission:



and your own Government, the same facilities) which are provided by a high State

officials in business trips abroad,
(b)), the Governments of other Member States the same advantages as those granted to

representatives of foreign Governments on official missions.



Article 3 of the



Members of the Commission to ensure full freedom of expression and full

independence in the performance of their duties, will be granted immunity and

against legal proceedings for oral or written statements, and for all

the negotiations, which will take in the performance of their duties, even after the person

which it relates have stopped to perform these duties.



Article 4 of the



Privileges and immunities of members of the Commission will not be provided for their personal

benefit, but in order to ensure the independent exercise of their functions. Only

The Commission can get rid of its members of immunity. The Commission has not only the right, but also

the obligation to get rid of the immunity of a member in any case where it would be in the way

the administration of Justice, if it is possible for her to give up without prejudice to the purpose for

that immunity was granted.



Article 5



This Protocol shall be open for signature by the Member States of the Council of Europe,

that may become a Contracting Party:



and the signature without reservation of ratification) or



b) signature subject to ratification, and subsequent ratification.



The instruments of ratification shall be deposited with the Secretary-General of the Council of Europe.



Article 6 of the



1. This Protocol shall enter into force as soon as the three Member States

The Council of Europe in accordance with article 5, signed without reservation of ratification, or

have ratified it.



2. For each Member State, which shall be signed without reservation of ratification

or ratifies it later, this Protocol shall enter into force on signature

or the instrument of ratification.



Article 7



The Secretary General of the Council of Europe shall notify the Member States of the Council of Europe date

the entry into force of this Protocol and shall notify them of the names of those Member

States which have signed it without reservation of ratification, or that it

have ratified.



On the evidence of the undersigned, who are duly authorised,

have signed this Protocol.



Done at Paris on 15. in December 1956, in the English and French languages,

both texts are equally authentic, in a single copy, which

will be stored in the archives of the Council of Europe. The Secretary General shall send a copy of the

This Protocol each signatory Government.



Annex 3



THE FOURTH PROTOCOL



to the General Agreement on privileges and immunities of the Council of Europe



The signatory Governments, members of the Council of Europe,



considering that, in accordance with the provisions of article 59 Convention for the protection of

human rights and fundamental freedoms (hereinafter referred to as "the Convention"), signed in Rome

November 4, 1950, are members of the European Court of human rights (hereinafter referred to

"the Court") are entitled to enjoy, when exercising their functions, the privileges and immunities

referred to in article 40 of the Statute of the Council of Europe and in the agreements concluded on the

the basis of this article,



fashion, that the above privileges and immunities should be specified in the

the Protocol to the General Agreement on privileges and immunities of the Council of Europe,

signed in Paris 2. September 1949



agree on the following:



Article 1



For the purposes of this Protocol, the term "judges" means the judges, chosen in the

accordance with article 39 of the Convention and the State of the ad hoc judge appointed in accordance

with article 43 of the Convention.



Article 2



Judges enjoy, when exercising their functions and during trips held in

the performance of these functions, the following privileges and immunities:



and immunity from arrest) or detention and against the seizure of personal baggage, and

immunity from legal proceedings of any kind for the oral statements or

written, and all acts made in the exercise of their functions,



(b)) exemption from the restrictions on free movement for themselves and their spouses upon departure and

arrival from the country of permanent residence upon arrival and stay in the country, in

which the exercise of their functions, as well as exemption from immigration restrictions

or reporting of foreigners in the State in which they arrive or which

pass in the performance of their functions.



Article 3 of the



When held in the exercise of their functions, the judges will, as far as

Customs duties and foreign exchange limits, provided:



and the Government of the same) benefits, which are provided by high State

officials travel abroad on official trips abroad,



(b)), the Governments of other Member States the same advantages as those granted to

representatives of the diplomatic missions.



Article 4 of the



1. the documents and papers to the Court, the judges and the judicial administration concerning

the activities of the Court shall be inviolable.



2. the official correspondence and other official communications of the Court, their members and the

judicial administration cannot be intercepted or censored.



Article 5



In order to secure full freedom of speech for the judges and the absolute independence of the

in the performance of duties, they will continue to be provided immunity against

court proceedings for oral or written statements and, for all meetings

arising from the performance of their duties, even when the person concerned relates,

already do not function.



Article 6 of the



Privileges and immunities of judges are not for their personal benefit, but

in order to ensure the independent exercise of their functions. Only the Court, meeting in

the plenary is entitled to get rid of the judge immunity; not only the law, but also

the obligation to get rid of the judge immunity in any case where, in his

opinion, the immunity would be in the way of Justice, and, if possible, her

give up without prejudice to the purpose for which it was provided.



Article 7



1. The provisions of articles 2 to 5 of this Protocol shall also apply to the Secretary of the

Court and his representative, if the Registrar of the Court shall serve without

restrictions on the privileges and immunities as they may enjoy under article 18

The General Agreement on privileges and immunities of the Council of Europe.



2. The provisions of article 18 of the General Agreement on privileges and immunities of the Council of

Europe applies to a representative of the Registrar of the Court, with regard to its

as such, the feature is not active as Secretary to the Court.



3. the privileges and immunities referred to in paragraphs 1 and 2 of this article shall

they do not provide the Secretary-General of the Court and his representatives for their personal

benefit, but in order to facilitate the performance of their duties. Only The Court

meeting in plenary is entitled to get rid of the Registrar of the Court and his Deputy

immunity; not only the right but also the obligation to withdraw, this immunity in

any case where, in his opinion in the way the performance

Justice, and is to be surrendered without injury to the purpose for which

It was granted.



Article 8 of the



1. Any State may, when signing without reservation of ratification,

ratification or at any time thereafter, declare communication to the Secretary-General

The Council of Europe, that this Protocol will be applicable to all or

any of the territories for whose international relations it is responsible, and where in the

accordance with article 63 of the Convention for the protection of human rights and fundamental freedoms

This Convention applies.



2. the Protocol shall extend to the territory named in the notification referred to

confirmation of the Secretary-General of the Council of Europe, that the notification received.



Article 9



The Protocol will be open for signature by the Member States of the Council of Europe, which

become parties:



and the signature without reservation of ratification) or



b) signature subject to ratification followed by ratification.



Article 10



1. This Protocol shall enter into force as soon as the three Member States

The Council of Europe in accordance with article 9 have signed without reservation of ratification, or

have ratified it.



2. For each of the other Member State which signs this Protocol without

reservation as to ratification, or which ratifies this Protocol shall, in the

force on the date of the signature or the date of deposit of the instrument of ratification.



Article 11



The Secretary General of the Council of Europe shall notify the Member States of the Council:



and the names of the signatories) and the imposition of any instrument of ratification,



(b)) the date of entry into force.



On the evidence of the subscribers, who have been duly authorised thereto, have signed the

This Protocol.



Done at Paris on 16. December 1961 in the English and French languages,

both texts are equally authentic, in a single copy, which

will be stored in the archives of the Council of Europe. The Secretary General shall transmit certified

a copy of each signatory Government.



Annex 4



THE FIFTH PROTOCOL



to the General Agreement on privileges and immunities of the Council of Europe



The Member States of the Council of Europe, signatories to this Protocol,



considering that, in accordance with the provisions of article 59 Convention for the protection of

human rights and fundamental freedoms (hereinafter referred to as "the Convention"), signed in Rome

November 4, 1950, are members of the European Commission of human rights (hereinafter referred to

"the Commission") and the European Court of human rights (hereinafter referred to as "the Court")

entitled to enjoy in the performance of the functions of the privileges and immunities referred to in article

40 of the Statute of the Council of Europe and in the agreements concluded on the basis of this

the article,



fashion, that referred to the privileges and immunities were specified and defined in

The second Protocol, and in the Fourth Protocol, signed in Paris 15.

December 1956 and 16. in December 1961, to the General Agreement on privileges and

immunities of the Council of Europe, signed in Paris 2. September 1949



considering the importance in the light of changes in the activities of the control

the mechanism of the Convention to supplement the aforementioned General Agreement other

the Protocol,



agree on the following:



Article 1



1. the members of the Commission and the members of the Court shall be exempt from taxation on the salaries,

income and allowances paid to them by the Council of Europe.



2. The expression "members of the Commission and members of the Court" includes members who then,

they were replaced, in the hearing of those cases that has already

assessed, and the ad hoc judge appointed on the basis of the provisions of the Convention.



Article 2



1. This Protocol shall be open for signature by the Member States of the Council of Europe,
that consent:



and) signature without reservation of ratification, acceptance or approval, or



b) signature subject to ratification, acceptance or approval followed

ratification, acceptance or approval.



2. No Member State of the Council of Europe to sign without reservation as to ratification,

the objecting, does not accept or approve this Protocol unless it is already

ratified or simultaneously ratified the General Agreement on the privileges

and immunities of the Council of Europe.



3. The instruments of ratification, acceptance or approval shall be deposited

with the Secretary-General of the Council of Europe.



Article 3 of the



1. This Protocol shall enter into force on the first day of the month following

After the expiration of three months from the date on which three Member States of the Council of Europe

expresses its consent to be bound by the Protocol in accordance with the provisions of article 2.



2. For each Member State which subsequently expresses its consent to be

bound by the Protocol, this Protocol shall come into force on the first day of the month,

following the expiration of three months from the date of signature or deposit

the instruments of ratification, acceptance or approval.



Article 4 of the



Until the entry into force of this Protocol in accordance with paragraphs 1 and 2 of article

3, the parties agree to provisionally apply from the date of signature of this Protocol,

If this is compatible with their respective constitutional requirements.



Article 5



The Secretary General of the Council of Europe shall notify the Member States of the Council:



and) signature,



(b)) the instrument of ratification, acceptance or approval,



(c)) date of entry into force of this Protocol in accordance with article 3,



(d)) other acts, notifications or messages related to the Protocol.



On the evidence of the subscribers, who have been duly authorised thereto, have signed the

This Protocol.



Done in Strasbourg on 18 July 2005. June 1990 in English and French

languages, both texts being equally authentic, in a single copy

to be deposited in the archives of the Council of Europe. The Secretary General shall send to the

certified copies to each Member State of the Council of Europe.