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RS 0.351.21 Additional Protocol of 15 March 1978 to the European Convention in the Field of Information on Foreign Law

Original Language Title: RS 0.351.21 Protocole additionnel du 15 mars 1978 à la Convention européenne dans le domaine de l’information sur le droit étranger

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0.351.21

Original text

Additional Protocol to the European Convention on Foreign Law Information

Conclu, Strasbourg, 15 March 1978
Approved by the Federal Assembly on December 13, 1984 1
Instrument of ratification deposited by Switzerland on 11 March 1985
Entered into force for Switzerland on 12 June 1985

(Status on 8 March 2007)

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

In view of the provisions of the European Convention in the field of information on foreign law, opened for signature in London on 7 June 1968 2 (hereinafter "the Convention");

Recognizing the desirability of extending the international mutual assistance system established by the Convention in the criminal field and in criminal proceedings, in a multilateral framework open to all Contracting Parties to the Convention;

Considering that, with a view to eliminating economic obstacles preventing access to justice and enabling economically disadvantaged persons to better enforce their rights in the Member States, it is also desirable To extend the system established by the Convention in the field of legal aid and legal consultation in civil and commercial matters;

Noting that Article 1 (2) of the Convention provides that two or more Contracting Parties may agree to extend, as far as they are concerned, the scope of this Convention to areas other than those in the Convention;

Noting that Article 3 (3) of the Convention provides that two or more Contracting Parties may agree to extend, as far as they are concerned, the application of the Convention to requests from authorities other than the authorities Court.

Agreed to the following:

Chapter I

Art. 1

The Contracting Parties undertake to provide, in accordance with the provisions of the Convention, information concerning their substantive and procedural law, their judicial organisation in the criminal field, including the Public Prosecutor's Office, as well as the Law relating to the enforcement of criminal measures. This undertaking shall apply to any proceedings for offences whose repression is, at the time when the information is requested, the jurisdiction of the judicial authorities of the requesting Party.

Art. 2

A request for information on matters concerning the areas referred to in Article 1 may:

A.
Come, in addition to a court, from any competent judicial authority in relation to the prosecution or enforcement of final and res judiced sentences; and
B.
Be formed, not only in the case of an already engaged body, but also in the case of a prosecution.

Chapter II

Art. 3

Within the framework of the undertaking arising from Article 1 (1) of the Convention, the Contracting Parties agree that the request for information may:

A.
Emanate, in addition to a judicial authority, from any authority or person acting within the framework of an official system of legal assistance or legal advice on behalf of economically disadvantaged persons; and
B.
Be formed, not only in the case of an already engaged body, but also in the case of an instance.
Art. 4

1. Any Contracting Party that has not created or designated one or more transmission organs 1 In accordance with Article 2, paragraph 2 of the Convention, shall create or designate such bodies responsible for transmitting to the competent foreign receiving body any request for information made under Article 3 of the present Protocol.

2. Any Contracting Party shall communicate to the Secretary General of the Council of Europe the name and address of the transmission organ or organs created or designated pursuant to the preceding paragraph.


1 In Switzerland: the Federal Office of Justice.

Chapter III

Art. 5

(1) Any State may, at the time of signature or the deposit of its instrument of ratification, acceptance, approval or accession, declare that it shall be bound only by the provisions of Chapter 1 or by those of Chapter 11 of this Protocol.

2. Any State which has made such a declaration may at any time thereafter declare by means of a notification addressed to the Secretary General of the Council of Europe that it will be bound by all the provisions of Chapters I and II. Such notification shall take effect on the date of its receipt.

3. Any Contracting Party which is bound by all the provisions of Chapters I and II may at any time declare by notification addressed to the Secretary General of the Council of Europe that it will be bound only by the provisions of the Chapter I or those of Chapter II. Such notification shall take effect six months after the date of its receipt.

The provisions of Chapter I or Chapter II shall apply only between Contracting Parties which are bound respectively by the provisions of the same Chapter.

Art. 6

1. This Protocol shall be open for signature by the member States of the Council of Europe, signatories to the Convention, which may become Parties to the Protocol by:

A.
Signature without reservation of ratification, acceptance or approval;
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.

No member state of the Council of Europe will be able to sign this Protocol without reservation as to ratification, acceptance or approval, or to ratify, accept or approve, without having simultaneously or previously ratified or accepted the Convention.

Art. 7

1. This Protocol shall enter into force three months after the date on which three member States of the Council of Europe have become Parties to the Protocol in accordance with the provisions of Article 6.

2. For any Member State which subsequently signs it without reservation as to ratification, acceptance or approval or ratification, acceptance or approval, the Protocol shall enter into force three months after the date of signature or deposit of the The instrument of ratification, acceptance or approval.

Art. 8

After the entry into force of this Protocol, any State which has acceded to or has been invited to accede to the Convention may be invited by the Committee of Ministers to accede also to this Protocol.

2. Accession shall be effected by the deposit, by the Secretary General of the Council of Europe, of an instrument of accession which shall take effect three months after the date of its deposit.

Art.

(1) Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Protocol shall apply.

(2) Any State may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession, or at any other time thereafter, extend the application of this Protocol by declaration addressed to the Secretary General of the Council Of Europe, to any other territory designated in the declaration for which it is responsible for international relations or for which it is entitled to stipulate.

3. Any declaration made under the preceding paragraph may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect six months after the date of receipt of the notification by the Secretary General of the Council of Europe.

Art. 10

1. Any Contracting Party may, as far as it is concerned, denounce this Protocol by sending a notification to the Secretary General of the Council of Europe.

2. Denunciation shall take effect six months after the date of receipt of the notification by the Secretary General of the Council of Europe.

The denunciation of the Convention shall automatically terminate the denunciation of this Protocol.

Art. 11 Scope of application on 8 March 2007

The Secretary General of the Council of Europe shall notify the member states of the Council and any State which has acceded to the Convention:

A.
Any signature without reservation of ratification, acceptance or approval;
B.
Any signature subject to ratification, acceptance or approval;
C.
The deposit of any instrument of ratification, acceptance, approval or accession;
D.
Any date of entry into force of this Protocol in accordance with Article 7 thereof;
E.
Any notification received pursuant to the provisions of Article 4;
F.
Any declaration or notification received pursuant to the provisions of Article 5;
G.
Any declaration received pursuant to the provisions of Article 9 and any withdrawal of such declaration;
H.
Any notification received pursuant to the provisions of Article 10 and the date on which the denunciation takes effect.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Protocol.

Done at Strasbourg, on 15 March 1978, in English and 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 transmit certified copies to each of the signatory and acceding States.

(Suivent signatures)

Scope of application on 8 March 2007 3

States Parties

Ratification Accession (A) Signature without reservation of ratification (If)

Entry into force

Albania

13 June

2006

September 14

2006

Germany * A

July 23

1987

24 October

1987

Austria

25 February

1980

26 May

1980

Belarus * A

July 2

1997 A

3 October

1997

Belgium

30 May

1979

August 31

1979

Bulgaria

31 January

1991 A

1 Er May

1991

Cyprus * A

3 April

1979

August 31

1979

Denmark

11 October

1979

12 January

1980

Spain

10 March

1982 Si

11 June

1982

Estonia * A

28 April

1997

July 29

1997

Finland

4 July

1990

5 October

1990

France

22 September

1983

December 23

1983

Georgia

20 June

2000

21 September

2000

Greece

29 October

1987

30 January

1988

Hungary

16 November

1989 A

17 February

1990

Iceland

19 September

1989

20 December

1989

Italy

February 11

1982

12 May

1982

Latvia * A

August 5

1998

6 November

1998

Liechtenstein * A

13 May

2003

August 14

2003

Lithuania * A

19 May

2004

August 20

2004

Luxembourg

11 June

1982

12 September

1982

Macedonia * A

15 January

2003

April 16

2003

Malta * A

April 25

1989

26 July

1989

Mexico

21 February

2003 A

22 May

2003

Moldova * A

March 14

2002

15 June

2002

Montenegro

6 June

2006 S

6 June

2006

Norway

2 November

1978

August 31

1979

Netherlands * A

3 June

1980

4 September

1980

Aruba

1 Er January

1986

1 Er January

1986

Poland

September 14

1992

15 December

1992

Portugal

19 July

1984

20 October

1984

Czech Republic * A

24 June

1998

September 25

1998

Romania

April 26

1991 A

27 July

1991

United Kingdom * A

2 September

1981

3 December

1981

Serbia

23 June

2003

24 September

2003

Slovakia * A

5 December

1996

6 March

1997

Sweden

2 March

1981 Si

3 June

1981

Switzerland * A B

March 11

1985

12 June

1985

Turkey

1 Er December

2004

2 March

2005

Ukraine

13 June

1994 A

September 14

1994

*

Reservations and declarations.

Reservations and declarations are not published in the RO. The texts in English and French can be consulted at the Council of Europe website: http://conventions.coe.int/treaty/FR/cadreprincipal.htm or obtained in the Directorate of Public International Law (DDIP), Treaty Section International, 3003 Berne.

A

This State is bound only by the provisions of the chap. I.

B

Art. 1 al. 1 let. C of the AF of 13 Dec. 1984 (RO 1985 712)


RO 1985 713; FF 1983 IV 129


1 Art. 1 al. 1 let. C of the AF of 13 Dec. 1984 (RO 1985 712)
2 RS 0.274.161
3 A version of the updated scope of application is published on the DFAE website (http://www.eda.admin.ch/eda/fr/home/topics/intla/intrea/dbstv.html).


Status March 8, 2007