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1. THE EUROPEAN CONVENTION ON HUMAN RIGHTS The Convention on Human Rights has its historical origins in the 1215 Magna Charta, the 1976 U.S.A. Independence Declaration, the 1789 French Declaration on Human Rights and Fundamental Freedoms and in the 1948 Universal Declaration of Human Rights. The Convention doesn’t simply go over the Universal Declaration Rights principles but enforces them allowing to obtain a jurisdictional safeguardingwhich wasn’t included in the Universal Declaration. The Convention grants above all political and civil rights but also some economical, social and cultural rights. In fact European Countries realized that the respect of human rights and fundamental freedoms were indispensable for society development and progress, being a common factor for the International Community and the basic principles of justice and peace worldwide. Knowing the importance of the creation of a Convention, those countries easily overcame the initial issue of its organization and focalized their attention on the possible enumeration of protected rights. At the end they opted for the definition of the rights, carefully describing those that should be protected and their restrictions, and for the creation of some obligations lately adopted by the countries. Nowadays the High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in the Convention and its Protocols. The new European Convention of Human Rights came into operation on 1 November 1988 with the entry into force of Protocol No 11 and is composed of 59 Articles and divided in two Sections: Section 1 - Rights and Freedoms (from Art. 2 to Art. 18); Section 2 – The European Court of Human Rights (from Art. 19 to Art. 59). Section 1 describes the rights and fundamental freedoms that shall be secured to everyone within the jurisdiction of High Contracting Parties. Section 2 concerns the European Court activities and its procedure.
1.2.PROTOCOLS a). The very first Protocol was opened for signature in Paris on 2 March 1952 and entered into force in Italy together with the Convention on 26 October 1955. It is composed of six Articles: the first three Articles are about safeguarded rights, the other three are about the Protocol organization and procedure. It introduces into the Convention the right to own property and set forth that the only way to be arbitrarily deprived of his property is by public interest or by international right rules and laws . However countries can enforce conformity laws. Art 1:"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties”. Even Art. 2 "Everyone has the right to education" and Art. 3 “the right to free elections” are fundamental elements. b). Protocol No 2 was opened for signature in Strasburg on 6 May 1963 and conferred to the European Court the power to give advisory opinions on the correct interpretation on the Convention and Protocols (Art. 1), at the request of the Committee of Ministers. In order to analyze those opinions, the Plenary Court held a meeting to give an unanimous vote. c). Protocol No 3 is about subsequent developments of Art. 29, Art. 30 and Art. 34 and it was opened for signature in Strasbourg on 6 May 1963. d). Even Protocol No 4 was open for signature in Strasbourg but on 16 September 1963. It is about some rights and freedoms "that aren't part of Title I of the Convention…". Nowadays in many countries as Andorra, Bulgaria and Greece it hasn't entered into force yet. In Italy it can enter into force only by a 1982 Presidential Decree. Art 1 is about the prohibition of imprisonment for debt, "No one shall be deprived of his liberty merely on the ground of inability to fulfill a contractual obligation”. Art 2 and Art. 3 are about the freedom of movement and the prohibition of expulsion of nationals “ by means either of an individual or of a collective measure, from the territory of the State of which he is a national". e). Protocol No 5 was opened for signature in Strasbourg on 20 January 1966 and it modified Art. 22 and Art. 40 about the election of the members of the Commission, that shall be elected for a period of six years and they may be re-elected, and the members of the Court that shall be elected for a period of nine years and may be re-elected as well. However, in the first case, of the members elected at the first election, the terms of seven members shall expire at the end of three years. In the second case, however, of the members elected at the first election the terms of four members shall expire at the end of three years, and the terms of four more members shall expire at the end of six years. f). Protocol No 6 was opened for signature in Strasbourg on 28 April 1983 and entered into force in Italy on 1 January 1989. Art. 1 is about the abolition of the death penalty. A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europe the relevant provisions of that law (Art. 2). g). Protocol No 7 was opened for signature in Strasbourg on 22 November 1984 and entered into force in Italy on 1 February 1992. Art. 1 is about procedural safeguards relating to expulsion of aliens. In fact an alien lawfully resident in the territory of a State shall not be expelled there from except in pursuance of a decision reached in accordance with law and shall be allowed to submit reasons against his expulsion; to have his case reviewed, and to be represented for these purposes before the competent authority or a person designated by that authority. An alien may be expelled when necessary in the interests of public order or is grounded on reasons of national security. Art. 2 is also fundamental. It is about the right of appeal in criminal matters: "Everyone convicted of a criminal offence by a tribunal shall have the right to have his conviction or sentence reviewed by a higher tribunal. The exercise of this right, including the grounds on which it may be exercised shall be governed by law. This right may be subject to exceptions in regard to offences of a minor character, as prescribed by law, or in cases in which the person concerned was tried in the first instance by the highest tribunal or was convicted following an appeal against acquittal” (Art. 2). Art. 4 is about the ne bis in idem principle: “No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of the State. The provisions of the preceding paragraph shall not prevent the reopening of the case in accordance with the law and penal procedure of the State concerned, if there is evidence of new or newly discovered facts, or if there has been a fundamental defect in the previous proceedings, which could affect the outcome of the case. The right of compensation for wrongful conviction is described in Art. 3:" when a conviction has been revised, or a person has been pardoned, on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to the law or the practice of the State concerned, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. The family is taken into consideration in Art. 5 which is about the equality between spouses whereas spouses shall enjoy equality of rights and responsibilities of a private law character between them, and in their relations with their children, as to marriage, during marriage and in the event of its dissolution. h). Protocol No 8 was open for signature in Vienna on 19 March 1985 and entered into force in Italy on 1 January 1990. It ratify some procedures of the Council and European Court i). Protocols No 9 and No 10 were opened for signature in Rome on 6 November 1990 and in Strasbourg on 25 March 1992. The first one entered into force in Italy on 14 July 1993. l). Protocol No 11 was opened for signature in Strasbourg on 11 May 1994 and entered into force in Italy on 1 November 1998. It restructured the enforcement machinery. This necessity was due because of the increasing number of applications to the Commission. The old European Commission and Court were substituted by the new European Court of Human Rights. Till the 31 December 1998 and temporarily till the 31 December 1999, and with the positive judgment of the Commission, any Contracting State or individual claiming to be a victim of a violation of the Convention may lodge directly with the Court an application. The forms for making applications may be obtained from the Registry. After judging the application, the Commission Secretary sent a Convention copy and a complete form for application to the interested person. According to Art. 26, the Commission may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognized rules of international law, and within a period of six months from the date on which the final decision was taken. Decisions on admissibility are binding on the respondent States or individuals concerned . m). Protocol No 12 was opened for signature in Rome on 4 November 2000 and in Art 1 it set forth the prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin etc.
1.3 THE EUROPEAN COURT 1- if the question is not referred to Court, the Committee shall decide by a majority of two- thirds of his members whether there has been or not the violation. In the affirmative case the Committee shall prescribe a period during which the High Contracting Party concerned must take the measures required by the decision of the Committee. 2- if the question is referred to the Court on request of the contracting parties or Commission, the secretary of the Commission have to inform the parties about the procedures of the Court. The parties could submit written observations on each statement. The Chamber could hear the opinions of witnesses, experts and analyze evidence. Judgments of Chambers shall become final in accordance with the provisions of Art. 51 of the ECHR and Art. 53 of the Rules of the Court. The final judgment of the Court shall be transmitted to the Committee of Ministers, which shall supervise its execution. Within a period of three years from the date of the judgment, any party to the case may request that the case be referred to the Grand Chamber even in case of new elements unknown at the time of the judgment and within six months of their the entry into force of Protocol No 11 which was opened for signature on 11 May 1994. The new European Court is composed of a number of judges equal to that of the Contracting States. The Plenary Court elects its President, the Vice-President and the Presidents of Section. The President represents and keeps discovery. The new European Court of Human Rights came into operation on 1 November 1998 with the relationships with the authorities of the Council of Europe. The Court is divided into Committees, Chambers and Grand Chambers: 1. Committees are composed of three judges of the same section and represent the Chambers. A Committee may decide, by unanimous vote, to declare inadmissible or strike out an application where it can do so without further examination. 2. Chambers are composed of seven members and shall decide on the admissibility and merits of individual applications, if they were not referred to Committees, and about the receiving and merits of governmental petitions. 3. The Grand Chamber is composed of seventeen members and three supplementary judges and it considers individual and inter-States cases when: a). the judgment of a Chamber is referred to the Grand Chamber as it raises a serious question of interpretation of the Convention and Protocols b). a resolution of the Chamber might have a result inconsistent with a judgment previously delivered by the Court; c). within three months of delivery of the judgment of a Chamber, any party may exceptionally request that a case be referred to the Grand Chamber to be analyzed once more; d). the Court may, at the request of the Committee of Ministers, give advisory opinions on legal questions concerning the interpretation of the Convention and Protocols. 1.4. PROCEDURE BEFORE THE COURT The Court may receive applications from any person, non-governmental organization or group of individuals claiming to be the victim of a violation, only after all domestic remedies have been exhausted and within a period of six months from the date on which the final decision was taken, through a registered letter with advice of receipt to The European Court of Human Rights, Council of Europe – 67075 Strasbourg – France Cedex. The Court shall send a copy of the Convention and a form of application to the interested party that shall be returned fully filled in three copies within six weeks. Individual applicants may submit applications themselves, but legal representation is recommended, and even required for hearings or after a decision declaring an application admissible. Therefore the application is assigned to a section of the Court and the President designates a rapporteur which decides whether it should be dealt with by a three-member Committee or by a Chamber. The Committee may decide to accept or strike out an application. The applications are inadmissible if all domestic remedies have not been exhausted, after a period of six months from the date on which the final decision was taken, or if they are anonymous or are substantially the same as a matter that has already been examined by the Court, or have already been submitted to another procedure of international investigation or settlement and contain no relevant new information. The three-member Committee or the Court may at any time declare inadmissible the application. According to Art.28 of ECHR a Committee may decide, by unanimous vote, to declare inadmissible or strike out an application where it can do so without further examination. The final judgment of the Counsel is binding. The rapporteur which judges the admissibility shall refer the application to the Chamber. The referred application shall include: 1. Facts and further observations 2. Applicant's complaints according to the Convention 3. The admissibility judgment 4. A temporary judgment on the issue. The Chamber may:1. Declare inadmissible or strike out the application 2. Invite the parties to submit further evidence 3. Inform the other party concerned and ask for its opinion. 4 . Invite the parties to submit written observations 5. Attend a hearing on the merits of the case and then judge the admissibility of the application. A hearing is then fixed, if not already attended during the admissibility process, and the Chamber gives its final decision. The Chamber's decision becomes final at the expiry of the three months period or earlier if the parties announce they have no intention of requesting a referral to the Grand Chamber. Within a year from the date in which the final decision was taken, the parties may ask for a sentence interpretation, presenting it to the Secretariat including reasons and the points judged not clear. The interpretation is referred to the Chamber and Rapporteurs that judged the case. All final judgment of the Court are binding. If new relevant information arise, and within six months from their discovery, the parties may ask for a revision of the judgment. The application including the final decision, evidence of new relevant information shall be referred to the Registry. Even in this case, the decision is referred to the same Chamber which gave the final judgment and the application may as well been rejected as evidence are judged non existent. If the Chamber considers admissible the petition, the clerk invites the parties to submit written observations within the expiry date fixed by the President of the Chamber. The Chamber's decision is binding. As far as material mistakes, miscalculations or imprecise data, the Court ratify the case within three months from the date of the final decision. Within a period of three months from the date of the judgment of the Chamber, any party to the case may request that the case be referred to 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 rended the judgment, relinquish jurisdiction in favor of the grand Chamber. The judgment of the Grand Chamber shall be final. 1.5 THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS The governments signatory hereto, being members of the Council of Europe, considering the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948; considering that this Declaration aims at securing the universal and effective recognition and observance of the Rights therein declared; considering that the aim of the Council of Europe is the achievement of greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realization of human rights and fundamental freedoms; reaffirming their profound belief in those fundamental freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other by a common understanding and observance of the human rights upon which they depend; being resolved, as the governments of European Countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration, have agreed as follows: Art. 1 - The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention. SECTION I - Rights and Freedoms. Art. 2 - Right to life 1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: a . in defense of any person from unlawful violence; b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; c. in action lawfully taken for the purpose of quelling a riot or insurrection. Art. 3 - Prohibition of torture. No one shall be subjected to torture or to inhuman or degrading treatment or punishment. Art. 4 - Prohibition of slavery and forced labor. 1. No one shall be held in slavery or servitude. 2. No one shall be required to perform forced or compulsory labor. 3. For the purpose of this article the term "forced or compulsory labor" shall not include: a. any work required to be done in the ordinary course of detention imposed according to the provisions of Art. 5 of this Convention or during conditional release from such detention; b. any service of a military character or, in case of conscientious objectors in countries where they are recognized, service exacted instead of compulsory military service; c. any service exacted in case of an emergency or calamity threatening the life or well-being of the community; d. any work or service which forms part of normal civic obligations. Art. 5 - Right to liberty and security. 1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: a. a lawful detention of a person after conviction by a competent court; b. the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfillment of any obligation prescribed by law; c. the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; d. the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority; e. the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants; f. the lawful arrest or detention of a person to prevent his effecting an unauthorized entry into the country or of a person against whom action is being taken with a view to deportation or extradition. 2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him. 3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this article shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial. 4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful. 5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation. Art. 6 - Right to a fair trial. 1. In the determination of his rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. Everyone charged with a criminal offence has the following minimum rights: a. to be informed promptly in a language which he understands and in detail, of the nature and cause of the accusation against him; b. to have adequate time and facilities for the preparation of his defense; c. to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; d. to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; e. to have the free assistance of an interpreter if he cannot understand or speak the language used in court. Art. 7 - No punishment without law. 1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was. 2. This article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by civilized nations. Art. 8 - Right to respect for private and family life. 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the rights and freedoms of others. Art. 9 - Freedom of thought, conscience and religion. 1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others. Art. 10 - Freedom of expression. 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary . Art. 11 - Freedom of assembly and association. 1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. 2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. Art. 12 - Right to marry. Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right. Art. 13 - Right to an effective remedy. Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity. Art. 14 - Prohibition of discrimination. The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Art. 15 - Derogation in time of emergency. 1. In time of war or other public emergency threatening the life of the nation any Hugh Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law. 2. No derogation from Art. 2, except in respect of deaths resulting from lawful acts of war, or from Artt. 3, 4 (paragraph 1) and 7 shall be made under provision. 3. Any High Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefore. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully. Art. 16 - Restrictions on political activity of aliens. Nothing in Art. 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens. Art. 17 - Prohibition of abuse of rights. Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. Art. 18 - Limitation on use of restrictions on rights. The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed. SECTION II European Court of Human Rights. Art. 19 - Establishment of the Court. To ensure the observance of the engagements undertaken by the High Contracting Parties in the Convention and the Protocols thereto, there shall be set up a European Court of Human Rights, hereinafter referred to as "the Court". It shall function on a permanent basis. Art. 20 - Number of judges. The Court shall consist of a number of judges equal to that of the High Contracting Parties. Art. 21 - Criteria for office. 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 recognized competence. 2. The judges shall sit on the Court in their individual capacity. 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. Art. 22 - Election of judges. 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. Art. 23 - Terms of office.
Art. 24 - Dismissal. No judge may be dismissed from his office unless the other judges decide by a majority of two-thirds that he has ceased to fulfill the required conditions. Art. 25 - The Court shall have a registry and organization of which shall be laid down in the rules of the Court. The Court shall be assisted by legal secretaries. Art. 27 – Committees, Chambers and Grand Chamber.
Art. 28 – Declarations of inadmissibility by committees. A committee may, by unanimous vote, declare inadmissible or strike out its list of cases an application submitted under Art. 34 where such a decision can be taken without further examination. The decision shall be final. Art. 29 – Decisions by Chambers on admissibility and merits.
Art. 30 – Relinquishment of jurisdiction to 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. Art. 31 – Powers of the Grand Chamber. The Grand Chamber shall a) determinate applications submitted either under Art. 33 or Art. 34 when a Chamber has relinquished jurisdiction under Art. 30 or when the case has been referred to it under Art. 43; and b) consider requests for advisory opinions submitted under Art. 47. Art. 32 – Jurisdiction of the Court.
Art. 33 – Inter-State cases. Any High Contracting Party may refer to the Court any alleged breach of the provisions of the Convention and the protocols thereto by another High Contracting Party. Art 34 – Individual Applications. The Court may receive applications from any person, non-governmental organization or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right. Art. 35.
Art. 36 – Third party intervention.
Art. 37 – Striking out applications.
Art. 38 – Examination of the case and friendly settlement proceedings.
Art. 39 – Finding of friendly settlement. 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. Art. 40 - Public hearings and access to documents
Art. 41 - Just satisfaction. If the Court finds that there has been a violation of the Convention or the protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party. Art. 42 - Judgments of Chambers. Judgments of Chambers shall become final in accordance with the provisions of Art. 44, paragraph 2. Art. 43 - Referral to the Grand Chamber 1. Within a period of three months from the date of the judgment of the Chamber, any party to the case may, in exceptional cases, request that the case be referred to the Grand Chamber. 2. A panel of five judges of the Grand Chamber shall accept the request if the case raises a serious question affecting the interpretation or application of the Convention or the protocols thereto, or a serious issue of general importance. 3. If the panel accepts the request, the Grand Chamber shall decide the case by means of a judgment. Art. 44 - Final judgment
Art. 45 - Reasons for judgments and decisions
Art. 46 - Binding force and execution of judgments.
Art. 47 - Advisory opinions.
Art. 48 - Advisory jurisdiction of the Court. The Court shall decide whether a request for an advisory submitted by the Committee of Ministers is within its competence as defined in Art. 47. Art. 49 - Reasons for advisory opinions.
Art. 50 - Expenditure on the Court. The expenditure on the Court shall be borne by the Council of Europe. Art. 51 - Privileges and immunities of judges. The judges shall be entitled, during the exercise of their functions, to the privileges and immunities provided for in Art. 40 of the Statue of the Council of Europe and in the agreements made there under. SECTION III - Miscellaneous provisions. Art. 52 - Inquiries by the Secretary General. On receipt of a request from the Secretary General of the Council of Europe any High Contracting Party shall furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of the Convention. Art. 53 - Safeguard for existing human rights. Nothing in this Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms which may be ensured under the laws of any High Contracting Party or under any other agreement to which it is a Party. Art. 54 - Powers of the Committee of Ministers. Nothing in this Convention shall prejudice the powers conferred on the Committee of Ministers by the Statute of the Council of Europe. Art. 55 - Exclusion of other means of dispute settlement. The High Contracting Parties agree that, except by special agreement, they will not avail themselves of treaties, conventions or declarations in force between them for the purpose of submitting, by way of petition, a dispute arising out of the interpretation or application of this Convention to a means of settlement other than those provided for in this Convention. Art. 56 - Territorial application.
Art. 57 - Reservations.
Art. 58 - Denunciation
Art. 59 - Signature and ratification.
Done in Rome this 4th day of November 1950, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatories. |