Law No. 33 25 February 1999

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

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LAW no.
33 25 February 1999 ratifying the European Agreement concerning the persons participating in proceedings before the European Court of Human Rights, adopted in Strasbourg on March 5, 1996
Issued



PARLIAMENT Published


Official Gazette no. 88 of March 2, 1999

Romanian Parliament adopts this law.

Article UNIC


It ratifies the European Agreement concerning the persons participating in proceedings before the European Court of Human Rights, adopted in Strasbourg on 5 March 1996.
This law was passed by the Senate in its meeting of 3 November 1998, in compliance with art. 74 para. (2) of the Constitution.
P. SENATE, ULM NICOLAE SPINEANU

This law was adopted by the Chamber of Deputies in the meeting of February 2, 1999, in compliance with art. 74 para. (2) of the Constitution.
P. PRESIDENT OF THE CHAMBER OF DEPUTIES
, ANDREI IOAN Chiliman


EUROPEAN AGREEMENT


On persons participating in proceedings before the European Court of Human Rights
Member States of the Council, this agreement, given
Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950, hereinafter referred to as the Convention
taking into account the European Agreement concerning the persons participating in proceedings of the Commission and the European Court of Human Rights, signed in London on 6 May 1969
given Protocol. 11 Convention, which restructures the control mechanism established by the Convention, signed in Strasbourg on 11 May 1994, hereinafter referred to as Protocol. 11 to the Convention, which establishes a new permanent Court of Human Rights, hereinafter referred to Court, replacing the Commission and the European Court of Human Rights,
considering in the light of the foregoing, as appropriate, to better fulfillment of the purposes of the Convention that persons taking part in proceedings before the Court to certain immunities and facilities by a new agreement - the European agreement concerning the persons participating in proceedings before the European Court of Human Rights, hereinafter agreement
they have agreed the following:

Article 1


1. Persons to whom this Agreement applies are:

A) all persons participating in proceedings commenced by the Court either as parties or as their representatives and advisers;


B) witnesses and experts called upon by the Court and other persons invited by the president to participate in that procedure.


2. For purposes of this Agreement, the Court shall include committees, chambers, a panel of the Grand Chamber, the Grand Chamber judges. Expression participate in the procedure also aims any communication to introduce a complaint against a State Party to the Convention.
March. If, during the exercise by the Committee of Ministers of its functions by applying art. 46, paragraph 2 of the Convention, any person mentioned in paragraph 1 above is called upon to appear before, or to submit written statements, the provisions of this Agreement will apply to that person.

Article 2


1. Persons referred to in art. 1, paragraph 1 of this Agreement shall have immunity from legal process with respect to their statements, oral or written, made before the Court and on other means of evidence before the Court.
2. This immunity does not apply to communication outside the Court of any such statements or the means of evidence submitted to the Court.

Article 3


1. Contracting Parties shall respect the right of persons referred to in Article. 1, paragraph 1 of this Agreement to correspond freely with the Court.
2. If the arrested persons, the exercise of this right shall include, in particular:
a) their correspondence shall be despatched and delivered without undue delay either too large without being amended;


B) these persons will not be able to apply any disciplinary measures following delivery, inland specific documents Court;


C) they have the right, on a complaint and any proceedings arising therefrom, corresponding with a lawyer admitted to plead before the courts of the country are held and to discuss with him and could not be heard another person.



March. In the preceding paragraphs there can be no interference by a public authority only to the extent that such interference is required by law and constitute a democratic society, it is necessary in the interests of national security, investigation and prosecution of criminal offenses or the protection of health.

Article 4


1. a) The Contracting Parties undertake not to prevent persons referred to in Article. 1, paragraph 1 of this Agreement to move and travel freely to witness the proceedings before the Court and to return.

B) There shall be imposed other restrictions on their movements and their passengers except those which are provided by law and necessary in a democratic society in the interests of national security, public safety, public order, prevent crime criminal protection of health or morals, for the protection of the rights and freedoms of others.


2. a) In the countries of transit or in the proceedings that, the abovementioned persons be prosecuted, detained or subjected to any restriction of their personal liberty for acts or convictions prior to commencement of the journey.

B) Any Contracting Party may, when signing, ratification, acceptance or approval of this Agreement, declare that the provisions of this paragraph shall not apply to nationals. Such a declaration may be withdrawn at any time by notification addressed to the Secretary General of the Council of Europe.


March. The Contracting Parties undertake to allow the return of such persons in their territory, where their journey began the territory.
4. The provisions of paragraphs 1 and 2 of this Article shall cease to apply if the person concerned has had, over a period of 15 consecutive days from the date when his presence is no longer required by the Court to return country where he began his journey.
May. Where there is a conflict between the obligations of a Contracting Party resulting from paragraph 2 of this Article and those resulting from a convention of the Council of Europe, of an extradition treaty or a treaty of mutual assistance in matters criminal concluded with another Contracting party, paragraph 2 of this Article shall prevail.

Article 5


1. Immunities and facilities are accorded to the persons referred to in Art. 1, paragraph 1 of this Agreement just to be able to ensure freedom of speech and independence to perform its functions, duties or obligations or to exercise their rights before the Court.
2. a) The Court shall alone be partially or totally waive the immunity provided for in art. 2, paragraph 1 of this Agreement; not only does she have that right, but lies and duty to waive immunity in any case where, in his opinion, it would obstruct the work of justice and that such a waiver does not prejudice the purpose defined in paragraph 1 of this Article .

B) The immunity may be waived by the Court of its own motion or at the request of either Contracting Party or interested persons.


C) Decisions waiving immunity or refusing the waiver shall be substantiated.


March. If a Contracting Party certifies that waiver of immunity provided for in art. 2, paragraph 1 of this Agreement is necessary for the purposes of criminal offense against national security, the Court shall waive immunity to the extent specified in the certificate said.
4. The discovery of a fact likely to exert a decisive influence and which, when the decision to refuse immunity was not known by the mover, the latter may bring an new application.

Article 6


Nothing in this Agreement shall be construed as restricting or derogating from obligations assumed by the Parties under the Convention or its protocols.

Article 7


1. This agreement is open for signature by member states of the Council of Europe, 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. 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 one month from the date on which the 10 Member States of the Council expressed their consent to be bound by this Agreement in accordance with art. 7 if that date Protocol. 11 Convention is in force or otherwise, the entry into force of the Protocol. 11 Convention.
2. For the Member States which subsequently expresses its consent to be bound by the Agreement, it shall enter into force on the first day of the month following the expiration of one month from the date of signing or depositing its instrument of ratification, acceptance or approval .

Article 9


1. Any Contracting State may, when depositing its instrument of ratification, acceptance or approval or at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend this Agreement to any other territory specified in the declaration and for whose international relations provide them or on whose behalf it is authorized to give undertakings.
2. This Agreement shall enter into force, of any territory specified in the declaration pursuant to paragraph 1, the first day of the month following the expiration of one month from receipt of the declaration by the Secretary General.
March. Any declaration made under paragraph 1 may be withdrawn on any territory specified therein, the procedure laid down for denunciation in Article. 10 of this Agreement.
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