The Saeima has adopted and the President promulgated the following laws: on the European human rights and fundamental freedoms Protocol 14 to the Convention, amending the control system of the Convention article 1. European human rights and fundamental freedoms (hereinafter referred to as the Convention), the Protocol 14 amending the control system of the Convention (hereinafter referred to as the Protocol), with this law is adopted and approved. 2. article. The Republic of Latvia pursuant to article 20 of the Protocol provided for in the second subparagraph, the following iztulkojoš notice in relation to article 12 of the Protocol, amending article 35 of the Convention: 1) the new acceptability criterion may not be applied to the rejection of the application, which is an important consideration of the Convention and its protocols for the protection of human rights, as well as the rejection of the application that are not adequately addressed in national courts;
2) the new acceptability criterion by a single judge and the judges Committee of three judges will be applied only after the Chamber of the European Court of human rights and the great Chamber will have developed a case law;
3) the new acceptability criterion will not be suitable for applications taken for examination on the merits before the entry into force of this Protocol in accordance with the General principles of international treaty not retrospective application out in the 1969 Vienna Convention on the law of treaties article 28. 3. article. This Protocol shall enter into force on the 19th for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. With the law put the Protocol in English, and its translation into Latvian language. The Parliament adopted the law in 2006, 9 February. State v. President Vaira Vīķe-Freiberga in Riga 2006 24 February, Council of Europe Treaty Series No. 194 PROTOCOL No. 14 TO the CONVENTION FOR the PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOM, AMENDING the CONTROL system OF the CONVENTION preamble the member States of the Council of Europe, to this Protocol the signator to the Convention for the Protection of Human rights and Fundamental Freedom of , signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"), Having regard to Resolution No. 1 and the Declaration adopted at the European Ministerial Conference on Human Rights, held in Rome on 3 and 4 November 2000; Having regard to the declarations adopted by the Committee of Minister on 8 November 2001, 7 November 2002 and 15 May 2003, at their 109th, 111th and 112th sessions, respectively; Having regard to Opinion No. 251 (2004) adopted by the Parliamentary Assembly of the Council of Europe on 28 April 2004; Considering the urgent need to amend certain provision of the Convention in order to maintain and improve the efficiency of the control system for the long term, mainly in the light of the continuing increase in the workload of the European Court of Human rights and the Committee of Minister of the Council of Europe; Considering, in particular, the need to ensur that the Court can continue to play its pre-eminen roles in protecting human rights in Europe, have agreed as follows: article 1 Paragraph 2 of article 22 of the Convention shall be deleted. Article 2 Article 23 of the Convention shall be amended to read as follows: "article 23 – terms of Office and dismissal 1 judge shall be elected for a period of of nine years. They may not be re-elected. 2 the terms of Office of judge expires when they reach the IR at the age of 70.3 the judge shall hold office until replaced. They shall, however, continue to deal with such cases as they already have under considerations. 4 from judge may be dismissed from Office unless the other judge by a majority of the decide of two-thirds that that judge has ceased to fulfil the required conditions. " Article 3 article 24 of the Convention shall be deleted. Article 4 Article 25 of the Convention shall become article 24 and its text shall be amended to read as follows: "article 24 – Registry and rapporteurs ' 1 the Court shall have a registry, the functions and organisation of which shall be put down in the rules of the Court. 2 When sitting in a single-judge formation, the Court shall be assisted by rapporteurs ' who shall function under the authority of the President of the Court. They shall form part of the Court's registry. " Article 5 article 26 of the Convention shall become article 25 ("Plenary Court") and its text shall be amended as follows: 1 At the end of paragraph (d), the comma shall be replaced by a semi-colon and the word "and" shall be deleted. 2 At the end of paragraph (e), shall be replaced by the full stop by a semi-colon. 3 A new paragraph f shall be added which shall read as follows: "(f) make any request under article 26, paragraph 2." Article 6 article 27 of the Convention shall become article 26 and its text shall be amended to read as follows: "article 26 – single-judge formation, committees, Chambers and Grand Chamber 1 To consider cases brough before it, the Court shall sit in a single-judge formation, in committees of three judge, in chambers of seven judge and in a Grand Chamber of seventeen judge. The Court's Chambers shall set up committees for a fixed period of time. 2 At the request of the plenary Court, the Committee of Minister for may, by a unanimous decision and for a fixed period of, reduce to five the number of judge of the Chambers. 3 When sitting as a single judge, a judge shall not examin any application against the High Contracting Party in respect of which that judge has been elected. 4 there shall sit as an ex officio member of the Chamber and the Grand Chamber the judge elected in respect of the High Contracting Party concerned. If there is none or if that judge is unable to sit, a person chosen by the President of the Court from a list submitted in advance by that Party shall sit in the capacity of judge. 5 the Grand Chamber shall also include the President of the Court, the Vice-President, the President of the Chambers of the judge and others chosen in accordanc with the rules of the Court. When a case is referred to the Grand Chamber under article 43, no judge from the Chamber which rendered the judgment shall sit in the Grand Chamber, the with the exception of the President of the Chamber and the judge who sat in respect of the High Contracting Party concerned. " Article 7 After the new article 26, a new article 27 shall be inserted into the Convention, which shall read as follows: "article 27 – competence of the single judge's 1 A single judge may declare inadmissibl or strike out of the Court's list of cases an application submitted under article 34, where such a decision can be taken without further examination. 2 the decision shall be final. 3 If the single judge does not declare an application inadmissibl or strike it out, that judge shall forward it to a Committee or to a Chamber for further examination. " Article 8 article 28 of the Convention shall be amended to read as follows: "article 28 – competence of committees 1 In respect of an application submitted under article 34, a Committee may, by a unanimous vote, a declare it inadmissibl or strike it out of its list of cases, where such decision can be taken without further examination; or (b) declare it admissibl and render at the same time a judgment on the Merritt, if the underlying question in the case, concerning the interpretation or the application of the Convention or the Protocol, is already the theret subject of well-established case-law of the Court. 2 Decision and judgment under paragraph 1 shall be final. 3 If the judge elected in respect of the High Contracting Party concerned is not a member of the Committee, the Committee may at any stage of the proceedings invite that judge to take the place of one of the members of the Committee, having regard to all relevant factors, including the whethers that Party has contested the application of the procedure under paragraph 1.b. " Article 9 Article 29 shall be amended of the Convention as follows: 1 Paragraph 1 shall be amended to read as follows: "If from the decision is taken under article 27 or 28, or no judgment rendered under article 28, to (a) a Chamber shall decide on the admissibility and Merritt of individual applications submitted under article 34. The decision on admissibility may be taken separately. " 2 At the end of paragraph 2 (a) shall be added a new line which shall read as follows: "the decision on admissibility shall be taken separately unless the Court, in exceptional cases, decide otherwise of." 3 Paragraph 3 shall be deleted. Article 10 article 31 shall be amended of the Convention as follows: 1 At the end of paragraph (a), the word "and" shall be deleted. 2 Paragraph b shall become paragraph c and a new paragraph b shall be inserted and shall read as follows: "b decide on issues referred to the Court by the Committee of Minister in accordanc with article 46, paragraph 4; and ". Article 11 article 32 of the Convention shall be amended as follows: At the end of paragraph 1, a comma and the number 46 shall be inserted after the number 34. Article 12 Paragraph 3 of article 35 of the Convention shall be amended to read as follows: "3 the Court shall declare any individual application submitted under inadmissibl article 34 if it consider that (a) the application is incompatibl with the provision of the Convention or the Protocol is manifestly ill-founded, theret, or an abuse of the right of individual application; or (b) the applicant has not suffered a significant disadvantage, unless respect for human rights as defined in the Convention and the Protocol to the United Nations requires theret examination of the application on the Merritt and provided that no case may be rejected for an out on this ground which has not been duly considered by a domestic tribunal. " Article 13 (A) new paragraph 3 shall be added at the end of article 36 of the Convention, which shall read as follows: "3 In all cases before a Chamber or the Grand Chamber, the Council of Europe Commissioner for Human rights may submit written comments and take part in the hearing." Article 14 article 38 of the Convention shall be amended to read as follows: "article 38 – Examination of the case the Court shall examin the case together with the representatives of the parties and, if need be, an investigation, undertak for the effective conduct of which the High Contracting Parties concerned shall furnish all not cessary facilities." Article 15 article 39 of the Convention shall be amended to read as follows: "article 39 – Friendly settlements 1 At any stage of the proceedings, the Court may place itself at the disposal of the parties concerned with a view to securing a friendly settlement of the matter on the basis of respect for human rights as defined in the Convention and the protocols the theret. 2 proceedings conducted under paragraph 1 shall be confidential. 3 If a friendly settlement is effected, the Court shall strike the case out of its list by means of a decision which shall be confined to a brief statement of the facts and of the solution reached. 4 this decision shall be transmitted to the Committee of Minister, which shall supervis the execution of the terms of the friendly settlement as set out in the decision. " Article 16 article 46 of the Convention shall be amended to read as follows: "article 46 – Binding force and execution of judgment 1 the High Contracting Parties to undertak abid by the final judgement of the Court in any case to which they are parties. 2 the final judgement of the Court shall be transmitted to the Committee of Minister, which shall it be execution supervis. 3 If the Committee of Minister to consider that the supervision of the execution of a final judgment is hindered by a problem of interpretation of the judgment, it may refer the matter to the Court for a ruling on the question of interpretation. A referral decision shall require a majority vote of two thirds of the representatives entitled to sit on the Committee. 4 If the Committee of Minister to consider that a High Contracting Party to refus abid by a final judgement in a case to which it is a party, it may, after serving formal notice on that Party and by decision adopted by a majority vote of two thirds of the representatives entitled to sit on the Committee, refer to the Court the question whethers that Party has failed to fulfil its obligation under paragraph 1.5 If the Court finds (a) a violation of paragraph 1, it shall refer the case to the Committee of Minister for considerations of the measure to be taken. If the Court finds a violation of paragraph 1, it shall refer of the case to the Committee of Minister, which shall close its examination of the case. " Article 17 article 59 shall be amended of the Convention as follows: 1 A new paragraph 2 shall be inserted which shall read as follows: "2 the European Union may accede to this Convention." 2 paragraphs 2, 3 and 4 shall become paragraphs 3, 4 and 5 respectively. Final and transitional provision of article 18 1 this Protocol shall be open for signature by member States of the Council of Europe to the Convention, signator which may express their consent to be bound by (a) signature without reservation as to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, 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 19 of 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 accordanc with the provision of article 18 article 20 1 From the date of the entry into force of this Protocol it shall apply to the provision of, to all applications pending before the Court as well as to all of the judgment whose execution is under supervision by the Committee of Minister. 2 the new admissibility criterion inserted by the article 12 of this Protocol in article 35, paragraph 3.b of the Convention, shall not apply to applications declared admissibl is before the entry into force of the Protocol. In the two years following the entry into force of this Protocol, the new admissibility criterion may only be applied by Chambers and the Grand Chamber of the Court. Article 21 the term of Office of judge's serving their first term of Office on the date of entry into force of this Protocol shall be extended ipso jure so as to the amount to a total period of nine years. The other judge's shall complete their term of Office, which shall be extended ipso jure the by two years. Article 22 the Secretary General of the Council of Europe shall notify the member States of the Council of Europe of: a any signature; (b) the deposit of any instrument of ratification, acceptance or approval; (c) the date of entry into force of this Protocol in accordanc with article 19; and (d) any other Act, notification or communication relating to this Protocol. In witness whereof, the undersigned, being duly authorised the theret, have signed this Protocol. Done at Strasbourg, this 13th day of May 2004, in English and in French, 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 TRANS MIT the cop to each member a certified State of the Council of Europe.  
Council of Europe Treaty Series No. 194 European human rights and fundamental freedoms Protocol 14 amending the control for that purpose of the Convention preamble the Member States of the Council of Europe, signatory to this 1950 November 4 in Rome signed human rights and fundamental freedoms (hereinafter referred to as the Convention), the Protocol pursuant to resolution No. 1 and the Declaration adopted in 2000 on November 3 and 4 in Rome European Ministerial Conference on human rights; Subject to the declarations adopted by the Committee of Ministers in its 109. session on 8 November 2001, 111. session of November 7 and 112. session of 15 May 2003; Subject to the Parliamentary Assembly of the Council of Europe of 28 April 2004, the views taken at no. 251 (2004); Considering the urgent need to amend certain articles of the Convention, in order to maintain and improve the effectiveness of the control system, mainly in the light of the European Court of human rights and the Council of Europe Committee of Ministers constantly increasing amount of work; Especially considering the need to ensure that the Court can continue to play a leading role in the protection of human rights in Europe, have agreed as follows: article 1 of the Convention, article 22, paragraph 2 is deleted. Article 2 of the Convention article 23 is replaced by the following: ' article 23 — term of Office and dismissal 1 the judges shall be elected for nine years. They may not be re-elected. 2 the judges ' term of office expires, those reaching the age of 70. 3 Judges are taking their posts until such time as they are replaced. However, they continue to deal with an ongoing thing. 4 No judge may not be removed from Office unless the other judges by a two-thirds majority vote decide that the judge no longer fulfils the required conditions. " 3. Article 24 of the Convention. article being deleted. 4. Article 25 of the Convention shall become article 24 and it is replaced by the following: "article 24 – registry and legal secretaries the Court 1 has its own registry, the functions and organisation of which is determined by a court. 2. If the case is being heard by a single judge, the Court shall be assisted by the clerk of the Court, which operates under the authority of the President of the Court of Justice. They form part of the Court's registry. " 5. Article 26 of the Convention shall become article 25 ("plenary Court") and it is replaced by the following: 1. a comma at the end of paragraph (d) is replaced by a semi-colon and the word "and" is deleted. 2. at the end of paragraph (e) is replaced by a semicolon. 3. Is updated with a new (f) as follows: "(f) to submit a request under article 26, paragraph 2." Article 6 article 27 of the Convention shall become article 26 and it is replaced by the following: ' article 26 — proceedings by a single judge of the Court and the Committee, in the Great Chamber 1. Filed proceedings takes place by a single judge, committees consisting of three judges, in chambers, composed of seven judges and the great Chamber, which is composed of seventeen judges. The Court of Auditors, set up a Committee to determine the time period. 2. at the request of the plenary Court, the Committee of Ministers unanimously adopted a decision for a specific time period can reduce the number of judges and five judges of the Court. 3. If a hearing is held by a single judge, he may consider the application against the High Contracting Party from which this judge is elected. 4. in the proceedings as the Court and the High Court ex officio member participating judge who is elected from the High Contracting Parties involved in the case. If this is not the judge or the judge can not participate in the hearing, the hearing by the judge's powers take part in person, chosen by the President of the Court from a list of previously submitted by the party concerned. 5. The High Court shall comprise the President, the Vice-President, the President of the Court and other judges who are selected in accordance with the rules of the Court. If the matter is referred to the Grand Chamber, in accordance with the provisions of article 43, the great court at the hearing cannot participate in the no from the judges of the Court that made the judgment, with the exception of President of the Chamber and the judge who is hearing represented the High Contracting Party concerned. Article 7 after the new article 26 of the Convention are included in the new article 27 the following: "article 27: one judge's competence 1. case by a single judge, the judge may declare inadmissible to or from court cause list in accordance with the provisions of article 34 of the submitted application, if such a decision can be taken without further proceedings. 2. the decision is final. 3. If the single judge does not approve the application judge to be unacceptable for review or deleted, then the judge shall forward it to the Committee or the Court for further consideration. " Article 8 of the Convention article 28 is replaced by the following: ' article 28 – competence of committees 1. According to article 34 of the submitted application the Committee may unanimously vote, a declare it inadmissible or strike from the cause list, where such decision can be taken without further proceedings; or b declare it admissible for examination and at the same time proclaim judgment on the merits, if the underlying question of the Convention or the interpretation or application of the Protocol has already been established in existing court practice. 2. in accordance with paragraph 1, decisions and judgments are final. 3. If the judge elected from the High Contracting Parties, is not a member of the Committee, the Committee may at any stage of the proceedings invite that judge to take one of the seats of members of the Committee, taking into account all relevant factors, including whether that party has contested in accordance with paragraph 1 (b) the application of the procedure. " Article 9 of the Convention article 29 is replaced by the following: 1. paragraph 1 is expressed as follows: "If no decision is taken under article 27 or 28, or no judgment is being handed down in accordance with article 28, a Chamber shall decide, in accordance with article 34 individual applications submitted for consideration and adoption of the substantive examination. Decision on acceptance of the application for review can be taken separately. " 2. paragraph 2 is added to the end of the sentence the following wording: "the decision on acceptance of the application for review is made individually, unless the Court in exceptional circumstances decides on a different order." 3. paragraph 3 is deleted. Article 10 of the Convention article 31 is replaced by the following: (a) paragraph 1 is deleted at the end of the word "and". 2. (b) becomes (c), and is included in the new paragraph (b) by the following: "(b) shall take decisions on matters submitted to the Court, the Committee of Ministers in accordance with paragraph 4 of article 46; and ". 11. Article 32 of the Convention paragraph 1 of article 34 after the end of the number is inserted into a comma and the number 46. Article 12 of the Convention, article 35, paragraph 3 is replaced by the following: "3 Court considers it unacceptable to any individual application submitted under article 34 if it considers that: (a) the application does not comply with the Convention or its protocols, are manifestly unfounded or abusive use of the right of individual application; or (b) the applicant has not been formulated a significant disadvantage, unless respect for human rights in accordance with the Convention and its protocols does not necessitate the examination of the substance of the application, and if the case can not be rejected on this basis, it is not sufficiently taken account of national court. " Article 13 of the Convention article 36 is supplemented with paragraph 3 by the following: "3 of the Council of Europe Commissioner for human rights may submit written comments on all things that are dealt with in the Court or in the large room, and participate in the proceedings." Article 14 of the Convention, article 38 is replaced by the following: "article 38 – examination of the case the Court shall examine the case together with the case of the high representatives of the Contracting Parties, and, if necessary, carry out investigations, which concerned the smooth functioning of the High Contracting Parties shall provide all the necessary conditions." Article 15 of the Convention article 39 is replaced by the following: ' article 39 – friendly settlement 1. at any stage of the proceedings, the Court may refer the parties to the case itself, to achieve a friendly settlement of the matter under the Convention and its protocols in specific human rights. 2. Court proceedings, which are conducted in accordance with the provisions of paragraph 1 shall be confidential. 3. If a settlement is reached, the Court removed the case from its list, a decision that contains a brief facts and reach a solution. 4. this decision is served on the Committee of Ministers, which shall supervise the arrangement specified in the decision enforcement. " Article 16 of the Convention article 46 is replaced by the following: "article 46 – binding force of Judgment and execution 1. The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties. 2. The Court's final judgment is passed on to the Committee of Ministers, which shall supervise its execution. 3. If the Committee of Ministers considers that the execution of a final judgment in the interpretation of the judgment difficult problem, it may refer the matter to the Court for a decision on the question of interpretation. Decision on the question is necessary, which the representative has the right to be members of the Committee, by a majority of two-thirds. 4. If the Committee of Ministers considers that a high contracting party refuses to abide by a final judgment in a case in which it is a party, it may, after sending a formal statement that party and by decision adopted by a representative having the right to be members of the Committee, a two-thirds majority, refer the matter to the Court of Justice whether the party has failed to fulfil its obligations under paragraph 1. 5. If the Court finds a violation of paragraph 1, it shall refer the case to the Committee of Ministers for a decision on the measures to be taken. If the Court finds no violation of paragraph 1, it shall refer the case to the Committee of Ministers, which terminate proceedings. " Article 17 of the Convention article 59 is replaced by the following: 1. a new paragraph 2 as follows: "2 the European Union may accede to the Convention." 2.2, 3 and 4 shall become respectively on 3, 4 and 5 points. Final and transitional provisions article 18 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: (a) by signing it without reservation as to ratification, acceptance or approval; or (b) by signature followed by ratification, or approval with the subsequent ratification, accepting or approving. 2. instruments of ratification, acceptance or approval are deposited with the Secretary-General of the Council of Europe. 19. Article 3 this Protocol shall enter into force on the first day of the month following three months of the end of the period after the date on which all parties to the Convention have expressed their consent to abide by the Protocol in accordance with the provisions of article 18. 20. Article 1 of this Protocol its date of entry into force of the rules are suitable for all applications, which are examined in court, as well as to all judgments whose execution is under supervision by the Committee of Ministers. 2. the new criteria for consideration of adoption, with article 12 of this Protocol is included in article 35 of the Convention (3) in paragraph (b) does not apply to submissions that are deemed acceptable for review before the entry into force of the Protocol. Following two years after the date of entry into force of the present Protocol, the adoption of the new criteria may be applied only to the Court and the Court of the great Chamber. Article 21 The term of Office of the judges that the entry into force of this Protocol in their date for the first mandate, the ipso jure is extended to create a full nine-year term. The rest of the judges completed their term of Office, that is ipso jure the extended for two years. Article 22 the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe of: a any signature; (b) for each of the instruments of ratification, acceptance or approval of the transfer to storage; (c) the date of entry into force of the Protocol in accordance with article 19; and (d) any other document, notification or communication relating to this Protocol. In witness whereof the undersigned, duly authorized, sign this Protocol. Signed may 13, 2004 in Strasbourg in English and French, that both texts are 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 send certified copies to each of the Member States of the Council of Europe. 1 translation made the Ministry of Foreign Affairs.