From f6f35e1d80e2748fa3a32272e8c646e9a2e96b42 Mon Sep 17 00:00:00 2001 From: Coornhert Date: Tue, 1 Jun 2010 12:00:00 +0000 Subject: [PATCH] 2010-06-01 | BWBV0001000 | Verdrag tot bescherming van de rechten van de mens en de fundamentele vrijheden --- .../BWBV0001000/README.md | 80 +++++++++++-------- 1 file changed, 46 insertions(+), 34 deletions(-) diff --git a/verdrag/verdrag-tot-bescherming-van-de-rechten-van-de-mens-en-de-fundamentele-vrijheden/BWBV0001000/README.md b/verdrag/verdrag-tot-bescherming-van-de-rechten-van-de-mens-en-de-fundamentele-vrijheden/BWBV0001000/README.md index 587789c0366..e19bf3345f6 100644 --- a/verdrag/verdrag-tot-bescherming-van-de-rechten-van-de-mens-en-de-fundamentele-vrijheden/BWBV0001000/README.md +++ b/verdrag/verdrag-tot-bescherming-van-de-rechten-van-de-mens-en-de-fundamentele-vrijheden/BWBV0001000/README.md @@ -167,25 +167,17 @@ The Court shall consist of a number of judges equal to that of the High Contract ### Artikel 22 -**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. +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. ### Artikel 23 -**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. +**1.** The judges shall be elected for a period of nine years. They may not be re-elected. -**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. +**2.** The terms of office of judges shall expire when they reach the age of 70. -**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. +**3.** The judges shall hold office until replaced. They shall, however, continue to deal with such cases as they already have under consideration. -**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. +**4.** 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. ### Artikel 24 @@ -195,7 +187,14 @@ The Court shall consist of a number of judges equal to that of the High Contract ### 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. +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 @@ -232,11 +231,9 @@ b) declare it admissible and render at the same time a judgment on the merits, i ### Artikel 29 -**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. +**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. -**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. +**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. ### Artikel 30 @@ -246,12 +243,13 @@ Where a case pending before a Chamber raises a serious question affecting the in 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; and -b) 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; +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. ### 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 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, 46 and 47. **2.** In the event of dispute as to whether the Court has jurisdiction, the Court shall decide. @@ -274,7 +272,12 @@ 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 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. +**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 and provided that no case may be rejected on this ground which has not been duly considered by a domestic tribunal. **4.** The Court shall reject any application which it considers inadmissible under this Article. It may do so at any stage of the proceedings. @@ -284,6 +287,8 @@ b) is substantially the same as a matter that has already been examined by the C **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.** @@ -300,18 +305,17 @@ However, the Court shall continue the examination of the application if respect ### Artikel 38 -**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. +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. ### Artikel 39 -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. +**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. ### Artikel 40 @@ -361,6 +365,12 @@ 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. @@ -437,8 +447,10 @@ 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 present Convention shall come into force after the deposit of ten instruments of ratification. +**2.** The European Union may accede to this Convention. -**3.** As regards any signatory ratifying subsequently, the Convention shall come into force at the date of the deposit of its instrument of ratification. +**3.** The present Convention shall come into force after the deposit of ten instruments of ratification. -**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. +**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.