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Law No. 33 25 February 1999

Original Language Title:  LEGE nr. 33 din 25 februarie 1999

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LEGE no. 33 33 of 25 February 1999 for the ratification of the European Agreement on persons participating in proceedings before the European Court of Human Rights, adopted in Strasbourg on 5 March 1996
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 88 88 of 2 March 1999



The Romanian Parliament adopts this law + Article UNIC The European Agreement on persons participating in proceedings before the European Court of Human Rights, adopted in Strasbourg on 5 March 1996, is hereby ratified. This law was adopted by the Senate at the meeting of November 3, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, ULM NICOLAE SPINEANU This law was adopted by the Chamber of Deputies at its meeting on February 2, 1999, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. ROOM PRESIDENT DEPUTIES, ANDREI IOAN CHILIMAN + EUROPEAN AGREEMENT on persons participating in proceedings before the European Court of Human Rights Member States of the Council of Europe, signatories to this Agreement, Having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, Having regard to the European Agreement on persons participating in the proceedings of the Commission and the European Court of Human Rights, signed in London on 6 May 1969, Having regard to Protocol no. 11 11 at the Convention, which restructures the control mechanism established in the Convention, signed in Strasbourg on 11 May 1994, hereinafter referred to as Protocol no. 11 at the Convention, and which establishes a new European Permanent Court of Human Rights, hereinafter referred to as the Court, replacing the Commission and the European Court of Human Rights, considering, in the light of the foregoing, that it is appropriate, for a better fulfilment of the purposes of the Convention, that persons participating in proceedings before the Court should benefit from certain immunities and facilities by a new agreement- The European Agreement on persons participating in proceedings before the European Court of Human Rights, hereinafter referred to as the Agreement, agreed on the following: + Article 1 1. The persons to whom this Agreement applies are: a) all persons participating in the proceedings employed by the Court either as parties or as their representatives or advisers; b) the witnesses and experts called by the Court, as well as other persons invited by its President to participate in that procedure. 2. For the purposes of this Agreement, the Court shall designate committees, chambers, the College of the Grand Chambers, the Grand Chamber and the Judges The expression to participate in the proceedings also concerns any communication with a view to the introduction of a complaint against a State-party to the Convention. 3. If, during the exercise by the Committee of Ministers of the functions assigned to him by the application of art. 46 paragraph 2 of the Convention, a person referred to in paragraph 1 above is called upon to compare before him or to present him with written statements, the provisions of this Agreement shall also apply to this person. + Article 2 1. Persons referred to in art. 1 paragraph 1 of this Agreement shall benefit from immunity from jurisdiction in respect of their statements, oral or written, made before the Court, as well as with regard to other means of evidence submitted to the Court. 2. This immunity shall not apply to the communication outside the Court of the statements made or the means of proof presented to the Court. + Article 3 1. The contracting parties shall respect the right of the persons concerned to 1 paragraph 1 of this Agreement to correspond freely with the Court. 2. In the case of persons arrested, the exercise of this right shall in particular involve the following a) their correspondence must be transmitted and delivered without delay and without delay; b) these persons will not be able to apply any disciplinary measures as a result of the transmission, on the specific paths, of documents to the Court; c) these persons have the right, on the subject of a complaint and any procedure resulting therefrom, to correspond with a lawyer admitted to plead before the courts of the country in which they are held and to discuss with him without being able to be heard by another person. 3. In the application of the preceding paragraphs there can be no interference from a public authority except to the extent that such interference is provided by law and constitutes, in a democratic society, a necessary measure in the interest of national security, research and prosecution of a criminal offence or health protection. + Article 4 1. a) The Contracting Parties undertake not to prevent the persons concerned in art. 1 paragraph 1 of this Agreement to circulate and travel freely to assist with the proceedings before the Court and to return. b) No other restrictions will be imposed on movements and their travellers other than those who are required by law as necessary in a democratic society, in the interests of national security, public safety, maintenance of order public, to prevent criminal offences, to protect health or morals, as well as to protect the rights and freedoms of others. 2. a) In transit countries or in those where that procedure takes place, the above-mentioned persons shall not be pursued, held or subject to any restriction of their individual freedom for acts or convictions prior to the commencement of the journey. b) Any Contracting Party may, at the time of signature, ratification, acceptance or approval of this Agreement, declare that the provisions of this paragraph shall not be applied to its own nationals. Such a declaration may be withdrawn at any time by notification to the Secretary-General of the Council of Europe. 3. The Contracting Parties undertake to allow these persons to return to their territory, when they have started their journey on that territory. 4. The provisions of paragraphs 1 and 2 of this article will cease to apply if the person concerned had the opportunity, for a period of 15 consecutive days from the date when his presence was no longer requested by the Court, to return to the country where he began his journey. 5. If there is a conflict between the obligations of a contracting party, resulting from the provisions of paragraph 2 of this article and those resulting from a convention of the Council of Europe, from an extradition treaty or from a treaty of judicial assistance in criminal matters, concluded with other contracting parties, the provisions of paragraph 2 of this article will prevail. + Article 5 1. Immunities and facilities are granted to persons referred to in art. 1 paragraph 1 of this Agreement only in order to ensure their freedom of speech and independence necessary for the performance of their duties, duties or obligations, or to exercise their rights before the Court. 2. a) The Court shall be the only one who may pronounce the partial or total lifting of the immunity provided for 2 paragraph 1 of this Agreement; not only does it have this right, but it also has an obligation to waive immunity in all cases where, in its opinion, it would obstruct the work of justice and provided that the waiver of immunity does not harm the purpose defined in paragraph 1 of this Article. b) Immunity may be lifted by the Court of its own motion or at the request of any contracting party or interested persons. c) Decisions to lift immunity or refuse to waive immunity will be motivated. 3. If a contracting party attests that the lifting of the immunity provided for in art. 2 2 paragraph 1 of this Agreement is necessary for the purpose of tracking for national security, the Court will waive the immunity within the limit specified in that attestation. 4. In case of discovery of a fact of a nature to exercise a decisive influence and which, at the time of the decision to refuse the lifting of immunity, was not known by the author of the request, the latter may refer the matter to the Court with a new request. + Article 6 No provision of this Agreement shall be construed as limiting or derogating from the obligations undertaken by the Contracting Parties under the Convention or its Protocols. + Article 7 1. This Agreement shall be open for signature to the Member States of the Council of Europe, which may express their consent to be bound by: a) signing, without reservation of ratification, acceptance or approval; or b) signing, subject to ratification, acceptance or approval, followed by ratification, acceptance or approval. 2. The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. + Article 8 1. This Agreement shall enter into force on the first day of the month following the expiration of a period of one month from the date on which 10 Member States of the Council of Europe have expressed their consent to be bound by this Agreement in accordance with the provisions of art. 7 7, if at that time Protocol no. 11 at the Convention is in force or, otherwise, on the date of entry into force of Protocol no. 11 11 at the convention. 2. In the case of Member States which will subsequently express their consent to be bound by the Agreement, it shall enter into force on the first day of the month following the expiration of a period of one month from the date of signature or deposit of the instrument of ratification, acceptance or approval. + Article 9 1. Any Contracting State may, at the time of deposit of the instrument of ratification, acceptance or approval or at a later date, by a declaration addressed to the Secretary-General of the Council of Europe, extend the application of this Agreement to any territory designated in the declaration and whose international relations it provides or on whose behalf it is empowered to stipulate. 2. This Agreement shall enter into force, with respect to any territory designated in the declaration made under the provisions of paragraph 1, on the first day of the month following the expiration of a period of one month from the date of receipt of the declaration by the Secretary General. 3. Any declaration made on the basis of the provisions of paragraph 1 may be withdrawn with regard to any territory designated therein, under the conditions of the procedure provided for denunciation in art. 10 10 of this Agreement. -------------