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1998-11-01 | BWBV0001000 | Verdrag tot bescherming van de rechten van de mens en de fundamentele vrijheden

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Coornhert 1998-11-01 12:00:00 +00:00
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verdrag/verdrag-tot-bescherming-van-de-rechten-van-de-mens-en-de-fundamentele-vrijheden/BWBV0001000/README.md
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@ -161,99 +161,84 @@ The Court shall consist of a number of judges equal to that of the High Contract
**1.** The judges shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence.
**2.** Candidates shall be less than 65 years of age at the date by which the list of three candidates has been requested by the Parliamentary Assembly, further to Article 22.
**2.** The judges shall sit on the Court in their individual capacity.
**3.**
The judges shall sit on the Court in their individual capacity.
**4.** During their term of office the judges shall not engage in any activity which is incompatible with their independence, impartiality or with the demands of a full-time office; all questions arising from the application of this paragraph shall be decided by the Court.
**3.** During their term of office the judges shall not engage in any activity which is incompatible with their independence, impartiality or with the demands of a full-time office; all questions arising from the application of this paragraph shall be decided by the Court.
### Artikel 22
The judges shall be elected by the Parliamentary Assembly with respect to each High Contracting Party by a majority of votes cast from a list of three candidates nominated by the High Contracting Party.
**1.** The judges shall be elected by the Parliamentary Assembly with respect to each High Contracting Party by a majority of votes cast from a list of three candidates nominated by the High Contracting Party.
**2.** The same procedure shall be followed to complete the Court in the event of the accession of new High Contracting Parties and in filling casual vacancies.
### Artikel 23
**1.** The judges shall be elected for a period of nine years. They may not be re-elected.
**1.** The judges shall be elected for a period of six years. They may be re-elected. However, the terms of office of one-half of the judges elected at the first election shall expire at the end of three years.
**2.** The judges shall hold office until replaced. They shall, however, continue to deal with such cases as they already have under consideration.
**2.** The judges whose terms of office are to expire at the end of the initial period of three years shall be chosen by lot by the Secretary General of the Council of Europe immediately after their election.
**3.** No judge may be dismissed from office unless the other judges decide by a majority of two-thirds that that judge has ceased to fulfil the required conditions.
**3.** In order to ensure that, as far as possible, the terms of office of one-half of the judges are renewed every three years, the Parliamentary Assembly may decide, before proceeding to any subsequent election, that the term or terms of office of one or more judges to be elected shall be for a period other than six years but not more than nine and not less than three years.
**4.** In cases where more than one term of office is involved and where the Parliamentary Assembly applies the preceding paragraph, the allocation of the terms of office shall be effected by a drawing of lots by the Secretary General of the Council of Europe immediately after the election.
**5.** A judge elected to replace a judge whose term of office has not expired shall hold office for the remainder of his predecessor's term.
**6.** The terms of office of judges shall expire when they reach the age of 70.
**7.** The judges shall hold office until replaced. They shall, however, continue to deal with such cases as they already have under consideration.
### Artikel 24
**1.** The Court shall have a registry, the functions and organisation of which shall be laid 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.
No judge may be dismissed from his office unless the other judges decide by a majority of two-thirds that he has ceased to fulfil the required conditions.
### Artikel 25
The Court shall have a registry, the functions and organisation of which shall be laid down in the rules of the Court. The Court shall be assisted by legal secretaries.
### Artikel 26
The plenary Court shall
a) elect its President and one or two Vice-Presidents for a period of three years; they may be re-elected;
b) set up Chambers, constituted for a fixed period of time;
c) elect the Presidents of the Chambers of the Court; they may be re-elected;
d) adopt the rules of the Court;
e) elect the Registrar and one or more Deputy Registrars;
f) make any request under Article 26, paragraph 2.
### Artikel 26
**1.** To consider cases brought before it, the Court shall sit in a single-judge formation, in committees of three judges, in Chambers of seven judges and in a Grand Chamber of seventeen judges. 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 Ministers may, by a unanimous decision and for a fixed period, reduce to five the number of judges of the Chambers.
**3.** When sitting as a single judge, a judge shall not examine any application against the High Contracting Party in respect of which that judge has been elected.
**4.** There shall sit as an *ex offıcio* 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-Presidents, the Presidents of the Chambers and other judges chosen in accordance 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, with the exception of the President of the Chamber and the judge who sat in respect of the High Contracting Party concerned.
d) adopt the rules of the Court; and
e) elect the Registrar and one or more Deputy Registrars.
### Artikel 27
**1.** A single judge may declare inadmissible 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.
**1.** To consider cases brought before it, the Court shall sit in committees of three judges, in Chamers of seven judges and in a Grand Chamber of seventeen judges. The Court's Chambers shall set up committees for a fixed period of time.
**2.** The decision shall be final.
**2.** There shall sit as an *ex officio* member of the Chamber and the Grand Chamber the judge elected in respect of the State Party concerned or, if there is none or if he is unable to sit, a person of its choice who shall sit in the capacity of judge.
**3.** If the single judge does not declare an application inadmissible or strike it out, that judge shall forward it to a committee or to a Chamber for further examination.
**3.** The Grand Chamber shall also include the President of the Court, the Vice-Presidents, the Presidents of the Chambers and other judges chosen in accordance 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, with the exception of the President of the Chamber and the judge who sat in respect of the State Party concerned.
### Artikel 28
**1.**
In respect of an application submitted under Article 34, a committee may, by a unanimous vote,
a) declare it inadmissible or strike it out of its list of cases, where such decision can be taken without further examination; or
b) declare it admissible and render at the same time a judgment on the merits, if the underlying question in the case, concerning the interpretation or the application of the Convention or the Protocols thereto, is already the subject of well-established case-law of the Court.
**2.** Decisions and judgments 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 whether that Party has contested the application of the procedure under paragraph 1.b.
A committee may, by a unanimous vote, declare inadmissible or strike out of its list of cases an individual application submitted under Article 34 where such a decision can be taken without further examination. The decision shall be final.
### Artikel 29
**1.** If no decision is taken under Article 27 or 28, or no judgment rendered under Article 28, a Chamber shall decide on the admissibility and merits of individual applications submitted under Article 34. The decision on admissibility may be taken separately.
**1.** If no decision is taken under Article 28, a Chamber shall decide on the admissibility and merits of individual applications submitted under Article 34.
**2.** A Chamber shall decide on the admissibility and merits of inter-State applications submitted under Article 33. The decision on admissibility shall be taken separately unless the Court, in exceptional cases, decides otherwise.
**2.** A Chamber shall decide on the admissibility and merits of inter-State applications submitted under Article 33.
**3.** The decision on admissibility shall be taken separately unless the Court, in exceptional cases, decides otherwise.
### Artikel 30
Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the Protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber.
Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the Protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the case objects.
### Artikel 31
The Grand Chamber shall
a) determine applications submitted either under Article 33 or Article 34 when a Chamber has relinquished jurisdiction under Article 30 or when the case has been referred to it under Article 43;
b) decide on issues referred to the Court by the Committee of Ministers in accordance with Article 46, paragraph 4; and
c) consider requests for advisory opinions submitted under Article 47.
a) determine applications submitted either under Article 33 or Article 34 when a Chamber has relinquished jurisdiction under Article 30 or when the case has been referred to it under Article 43; and
b) consider requests for advisory opinions submitted under Article 47.
### Artikel 32
**1.** The jurisdiction of the Court shall extend to all matters concerning the interpretation and application of the Convention and the Protocols thereto which are referred to it as provided in Articles 33, 34, 46 and 47.
**1.** The jurisdiction of the Court shall extend to all matters concerning the interpretation and application of the Convention and the Protocols thereto which are referred to it as provided in Articles 33, 34 and 47.
**2.** In the event of dispute as to whether the Court has jurisdiction, the Court shall decide.
@ -267,7 +252,7 @@ The Court may receive applications from any person, non-governmental organisatio
### Artikel 35
**1.** The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognised rules of international law, and within a period of four months from the date on which the final decision was taken.
**1.** The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognised rules of international law, and within a period of six months from the date on which the final decision was taken.
**2.**
@ -276,12 +261,7 @@ The Court shall not deal with any individual application submitted under Article
a) is anonymous, or
b) is substantially the same as a matter that has already been examined by the Court or has already been submitted to another procedure of international investigation or settlement and contains no relevant new information.
**3.**
The Court shall declare inadmissible any individual application submitted under Article 34 if it considers that:
a) the application is incompatible with the provisions of the Convention or the Protocols thereto, manifestly ill-founded, 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 Protocols thereto requires an examination of the application on the merits.
**3.** The Court shall declare inadmissible any individual application submitted under Article 34 which it considers incompatible with the provisions of the Convention or the Protocols thereto, manifestly ill-founded, or an abuse of the right of application.
**4.** The Court shall reject any application which it considers inadmissible under this Article. It may do so at any stage of the proceedings.
@ -291,8 +271,6 @@ b) the applicant has not suffered a significant disadvantage, unless respect for
**2.** The President of the Court may, in the interest of the proper administration of justice, invite any High Contracting Party which is not a party to the proceedings or any person concerned who is not the applicant to submit written comments or take part in hearings.
**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 hearings.
### Artikel 37
**1.**
@ -309,17 +287,18 @@ However, the Court shall continue the examination of the application if respect
### Artikel 38
The Court shall examine the case together with the representatives of the parties and, if need be, undertake an investigation, for the effective conduct of which the High Contracting Parties concerned shall furnish all necessary facilities.
**1.**
If the Court declares the application admissible, it shall
a) pursue the examination of the case, together with the representative of the parties, and if need be, undertake an investigation, for the effective conduct of which the States concerned shall furnish all necessary facilities;
b) 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 thereto.
**2.** Proceedings conducted under paragraph 1 b) shall be confidential.
### Artikel 39
**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 thereto.
**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 Ministers, which shall supervise the execution of the terms of the friendly settlement as set out in the decision.
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.
### Artikel 40
@ -369,12 +348,6 @@ c) when the panel of the Grand Chamber rejects the request to refer under Articl
**2.** The final judgment of the Court shall be transmitted to the Committee of Ministers, which shall supervise its execution.
**3.** If the Committee of Ministers considers 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 Ministers considers that a High Contracting Party refuses to abide by a final judgment 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 whether that Party has failed to fulfil its obligation under paragraph 1.
**5.** If the Court finds a violation of paragraph 1, it shall refer the case to the Committee of Ministers for consideration of 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 shall close its examination of the case.
### Artikel 47
**1.** The Court may, at the request of the Committee of Ministers, give advisory opinions on legal questions concerning the interpretation of the Convention and the Protocols thereto.
@ -451,10 +424,8 @@ The High Contracting Parties agree that, except by special agreement, they will
**1.** This Convention shall be open to the signature of the Members of the Council of Europe. It shall be ratified. Ratifications shall be deposited with the Secretary-General of the Council of Europe.
**2.** The European Union may accede to this Convention.
**2.** The present Convention shall come into force after the deposit of ten instruments of ratification.
**3.** The present Convention shall come into force after the deposit of ten instruments of ratification.
**3.** As regards any signatory ratifying subsequently, the Convention shall come into force at the date of the deposit of its instrument of ratification.
**4.** As regards any signatory ratifying subsequently, the Convention shall come into force at the date of the deposit of its instrument of ratification.
**5.** The Secretary-General of the Council of Europe shall notify all the Members of the Council of Europe of the entry into force of the Convention, the names of the High Contracting Parties who have ratified it, and the deposit of all instruments of ratification which may be effected subsequently.
**4.** The Secretary-General of the Council of Europe shall notify all the Members of the Council of Europe of the entry into force of the Convention, the names of the High Contracting Parties who have ratified it, and the deposit of all instruments of ratification which may be effected subsequently.