EUROPE CONSEIL DE L'EUROPE COUNCIL
EUROPE CONSEIL DE L'EUROPE European Treaties Traitës Europëens ETS No. 155 STE N° 155 PROTOCOL No. 11 TO THE CONVENTION FOR THE PROTECTION
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, RESTRUCTURING THE CONTROL MACHINERY ESTABLISHED THEREBY Strasbourg, 11.V.1994 The member States
the Council
Europe, signatories to this Protocol to the Convention for the Protection
Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"), Considering the urgent need to restructure the control machinery established by the Convention in order to maintain and improve the efficiency
its protection
human rights and fundamental freedoms, mainly in view
the increase in the number
applications and the growing membership
the Council
Europe; Considering that it is therefore desirable to amend certain provisions
the Convention with a view, in particular, to replacing the existing European Commission and Court
Human Rights with a new permanent Court; Having regard to Resolution No. 1 adopted at the European Ministerial Conference on Human Rights, held in Vienna on 19 and 20 March 1985; Having regard to Recommendation 1194
the Council
Europe on 6 October 1992; Having regard to the decision taken on reform
the Convention control machinery by the Heads
State and Government
the Council
Europe member States in the Vienna Declaration on 9 October 1993, Have agreed as follows: Article 1 The existing text
Sections II to IV
the Convention (Articles 19 to 56) and Protocol No. 2 conferring upon the European Court
Human Rights competence to give advisory opinions shall be replaced by the following Section II
the Convention (Articles 19 to 51): "Section II - European Court
Human Rights Article 19 - Establishment
the Court To ensure the observance
the engagements undertaken by the High Contracting Parties in the Convention and the protocols thereto, there shall be set up a European Court
Human Rights, hereinafter referred to as "the Court". It shall function on a permanent basis. Article 20 - Number
judges The Court shall consist
a number
judges equal to that
the High Contracting Parties. Article 21 - Criteria for
fice 1. The judges shall be
high moral character and must either possess the qualifications required for appointment to high judicial
fice or be jurisconsults
recognised competence.
fice the judges shall not engage in any activity which is incompatible with their independence, impartiality or with the demands
a full-time
fice; all questions arising from the application
this paragraph shall be decided by the Court. Article 22 - Election
judges 1. The judges shall be elected by the Parliamentary Assembly with respect to each High Contracting Party by a majority
votes cast from a list
three candidates nominated by the High Contracting Party. 2. The same procedure shall be followed to complete the Court in the event
the accession
new High Contracting Parties and in filling casual vacancies. Article 23 - Terms
fice 1. The judges shall be elected for a period
six years. They may be re-elected. However, the terms
fice
one-half
the judges elected at the first election shall expire at the end
three years. 2. The judges whose terms
fice are to expire at the end
the initial period
three years shall be chosen by lot by the Secretary General
the Council
Europe immediately after their election. 3. In order to ensure that, as far as possible, the terms
fice
one-half
the judges are renewed every three years, the Parliamentary Assembly may decide, before proceeding to any subsequent election, that the term or terms
fice
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
fice is involved and where the Parliamentary Assembly applies the preceding paragraph, the allocation
the terms
fice shall be effected by a drawing
lots by the Secretary General
the Council
Europe immediately after the election. 5. A judge elected to replace a judge whose term
fice has not expired shall hold
fice for the remainder
his predecessor's term. 6. The terms
fice
judges shall expire when they reach the age
fice until replaced. They shall, however, continue to deal with such cases as they already have under consideration. Article 24 - Dismissal No judge may be dismissed from his
fice unless the other judges decide by a majority
two-thirds that he has ceased to fulfil the required conditions. Article 25 - Registry and legal secretaries The Court shall have a registry, the functions and organisation
which shall be laid down in the rules
the Court. The Court shall be assisted by legal secretaries. Article 26 - Plenary Court The plenary Court shall a elect its President and one or two Vice-Presidents for a period
three years; they may be re-elected; b set up Chambers, constituted for a fixed period
time; c elect the Presidents
the Chambers
the Court; they may be re-elected; d adopt the rules
the Court; and e elect the Registrar and one or more Deputy Registrars. Article 27 - Committees, Chambers and Grand Chamber 1. To consider cases brought before it, the Court shall sit in committees
three judges, in Chambers
seven judges and in a Grand Chamber
seventeen judges. The Court's Chambers shall set up committees for a fixed period
time. 2. There shall sit as an ex
ficio member
the Chamber and the Grand Chamber the judge elected in respect
the State Party concerned or, if there is none or if he is unable to sit, a person
its choice who shall sit in the capacity
judge. 3. The Grand Chamber shall also include the President
the Court, the Vice-Presidents, the Presidents
the Chambers and other judges chosen in accordance with the rules
the Court. When a case is referred to the Grand Chamber under Article 43, no judge from the Chamber which rendered the judgement shall sit in the Grand Chamber, with the exception
the President
the Chamber and the judge who sat in respect
the State Party concerned. Article 28 - Declarations
inadmissibility by committees A committee may, by a unanimous vote, declare inadmissible or strike out
its list
cases an individual application submitted under Article 34 where such a decision can be taken without further examination. The decision shall be final. Article 29 - Decisions by Chambers on admissibility and merits 1. If no decision is taken under Article 28, a Chamber shall decide on the admissibility and merits
individual applications submitted under Article
inter-State applications submitted under Article
jurisdiction to the Grand Chamber Where a case pending before a Chamber raises a serious question affecting the interpretation
the Convention or the protocols thereto, or where the resolution
a question before the Chamber might have a result inconsistent with a judgement previously delivered by the Court, the Chamber may, at any time before it has rendered its judgement, relinquish jurisdiction in favour
the Grand Chamber, unless one
the parties to the case objects. Article 31 - Powers
the Grand Chamber 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. Article 32 - Jurisdiction
the Court 1. The jurisdiction
the Court shall extend to all matters concerning the interpretation and application
the Convention and the protocols thereto which are referred to it as provided in Articles 33, 34 and 47. 2. In the event
dispute as to whether the Court has jurisdiction, the Court shall decide. Article 33 - Inter-State cases Any High Contracting Party may refer to the Court any alleged breach
the provisions
the Convention and the protocols thereto by another High Contracting Party. Article 34 - Individual applications The Court may receive applications from any person, non-governmental organisation or group
individuals claiming to be the victim
a violation by one
the High Contracting Parties
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
this right. Article 35 - Admissibility criteria 1. The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognised rules
international law, and within a period
six months from the date on which the final decision was taken. 2. The Court shall not deal with any individual application submitted under Article 34 that 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
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
the Convention or the protocols thereto, manifestly ill-founded, or an abuse
the right
application. 4. The Court shall reject any application which it considers inadmissible under this Article. It may do so at any stage
the proceedings. Article 36 - Third-party intervention 1. In all cases before a Chamber or the Grand Chamber, a High Contracting Party one
whose nationals is an applicant shall have the right to submit written comments and to take part in hearings. 2. The President
the Court may, in the interest
the proper administration
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. Article 37 - Striking out applications 1. The Court may at any stage
the proceedings decide to strike an application out
its list
cases where the circumstances lead to the conclusion that a the applicant does not intend to pursue his application; or b the matter has been resolved; or c for any other reason established by the Court, it is no longer justified to continue the examination
the application. However, the Court shall continue the examination
the application if respect for human rights as defined in the Convention and the protocols thereto so requires. 2. The Court may decide to restore an application to its list
cases if it considers that the circumstances justify such a course. Article 38 - Examination
the case and friendly settlement proceedings 1. If the Court declares the application admissible, it shall a pursue the examination
the case, together with the representatives
the parties, and if need be, undertake an investigation, for the effective conduct
which the States concerned shall furnish all necessary facilities; b place itself at the disposal
the parties concerned with a view to securing a friendly settlement
the matter on the basis
respect for human rights as defined in the Convention and the protocols thereto. 2. Proceedings conducted under paragraph 1.b shall be confidential. Article 39 - Finding
a friendly settlement If a friendly settlement is effected, the Court shall strike the case out
its list by means
a decision which shall be confined to a brief statement
the facts and
the solution reached. Article 40 - Public hearings and access to documents
the Court decides otherwise. Article 41 - Just satisfaction If the Court finds that there has been a violation
the Convention or the protocols thereto, and if the internal law
the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party. Article 42 - Judgements
Chambers Judgements
Chambers shall become final in accordance with the provisions
Article 43 - Referral to the Grand Chamber 1. Within a period
three months from the date
the judgement
the Chamber, any party to the case may, in exceptional cases, request that the case be referred to the Grand Chamber. 2. A panel
five judges
the Grand Chamber shall accept the request if the case raises a serious question affecting the interpretation or application
the Convention or the protocols thereto, or a serious issue
general importance. 3. If the panel accepts the request, the Grand Chamber shall decide the case by means
a judgement. Article 44 - Final judgements 1. The judgement
the Grand Chamber shall be final. 2. The judgement
a Chamber shall become final a when the parties declare that they will not request that the case be referred to the Grand Chamber; or b three months after the date
the judgement, if reference
the case to the Grand Chamber has not been requested; or c when the panel
the Grand Chamber rejects the request to refer under Article
the judges, any judge shall be entitled to deliver a separate opinion. Article 46 - Binding force and execution
judgements 1. The High Contracting Parties undertake to abide by the final judgement
the Court in any case to which they are parties. 2. The final judgement
the Court shall be transmitted to the Committee
Ministers, which shall supervise its execution. Article 47 - Advisory opinions 1. The Court may, at the request
the Committee
Ministers, give advisory opinions on legal questions concerning the interpretation
the Convention and the protocols thereto. 2. Such opinions shall not deal with any question relating to the content or scope
the rights or freedoms defined in Section I
the Convention and the protocols thereto, or with any other question which the Court or the Committee
Ministers might have to consider in consequence
any such proceedings as could be instituted in accordance with the Convention. 3. Decisions
the Committee
Ministers to request an advisory opinion
the Court shall require a majority vote
the representatives entitled to sit on the Committee. Article 48 - Advisory jurisdiction
the Court The Court shall decide whether a request for an advisory opinion submitted by the Committee
Ministers is within its competence as defined in Article
the Court. 2. If the advisory opinion does not represent, in whole or in part, the unanimous opinion
the judges, any judge shall be entitled to deliver a separate opinion. 3. Advisory opinions
the Court shall be communicated to the Committee
Ministers. Article 50 - Expenditure on the Court The expenditure on the Court shall be borne by the Council
Europe. Article 51 - Privileges and immunities
judges The judges shall be entitled, during the exercise
their functions, to the privileges and immunities provided for in Article 40
the Statute
the Council
Europe and in the agreements made thereunder." Article 2 1. Section V
the Convention shall become Section III
the Convention; Article 57
the Convention shall become Article 52
the Convention; Articles 58 and 59
the Convention shall be deleted, and Articles 60 to 66
the Convention shall become Articles 53 to 59
the Convention respectively. 2. Section I
the Convention shall be entitled "Rights and freedoms" and new Section III
the Convention shall be entitled "Miscellaneous provisions". Articles 1 to 18 and new Articles 52 to 59
the Convention shall be provided with headings, as listed in the appendix to this Protocol. 3. In new Article 56, in paragraph 1, the words ", subject to paragraph 4
this Article," shall be inserted after the word "shall"; in paragraph 4, the words "Commission to receive petitions" and "in accordance with Article 25
the present Convention" shall be replaced by the words "Court to receive applications" and "as provided in Article 34
the Convention" respectively. In new Article 58, paragraph 4, the words "Article 63" shall be replaced by the words "Article 56". 4. The Protocol to the Convention shall be amended as follows a the Articles shall be provided with the headings listed in the appendix to the present Protocol; and b in Article 4, last sentence, the words "
" shall be replaced by the words "
Protocol No. 4 shall be amended as follows a the Articles shall be provided with the headings listed in the appendix to the present Protocol; b in Article 5, paragraph 3, the words "
" shall be replaced by the words "
"; a new paragraph 5 shall be added, which shall read "Any State which has made a declaration in accordance with paragraph 1 or 2
this Article may at any time thereafter declare on behalf
one or more
the territories to which the declaration relates that it accepts the competence
the Court to receive applications from individuals, non-governmental organisations or groups
individuals as provided in Article 34
the Convention in respect
all or any
Articles 1 to 4
this Protocol."; and c paragraph 2
" shall be replaced by the words "
"; a new paragraph 6 shall be added, which shall read "Any State which has made a declaration in accordance with paragraph 1 or 2
this Article may at any time thereafter declare on behalf
one or more
the territories to which the declaration relates that it accepts the competence
the Court to receive applications from individuals, non-governmental organisations or groups
individuals as provided in Article 34
the Convention in respect
Articles 1 to 5
this Protocol."; and c paragraph 2
the Council
Europe signatories to the Convention, which may express heir 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. The instruments
ratification, acceptance or approval shall be deposited with the Secretary General
the Council
Europe. Article 4 This Protocol shall enter into force on the first day
the month following the expiration
a period
one year after the date on which all Parties to the Convention have expressed their consent to be bound by the Protocol in accordance with the provisions
. The election
new judges may take place, and any further necessary steps may be taken to establish the new Court, in accordance with the provisions
this Protocol from the date on which all Parties to the Convention have expressed their consent to be bound by the Protocol. Article 5 1. Without prejudice to the provisions in paragraphs 3 and 4 below, the terms
fice
the judges, members
the Commission, Registrar and Deputy Registrar shall expire at the date
entry into force
this Protocol. 2. Applications pending before the Commission which have not been declared admissible at the date
the entry into force
this Protocol shall be examined by the Court in accordance with the provisions
this Protocol. 3. Applications which have been declared admissible at the date
entry into force
this Protocol shall continue to be dealt with by members
the Commission within a period
one year thereafter. Any applications the examination
which has not been completed within the aforesaid period shall be transmitted to the Court which shall examine them as admissible cases in accordance with the provisions
this Protocol. 4. With respect to applications in which the Commission, after the entry into force
this Protocol, has adopted a report in accordance with former Article 31
the Convention, the report shall be transmitted to the parties, who shall not be at liberty to publish it. In accordance with the provisions applicable prior to the entry into force
this Protocol, a case may be referred to the Court. The panel
the Grand Chamber shall determine whether one
the Chambers or the Grand Chamber shall decide the case. If the case is decided by a Chamber, the decision
the Chamber shall be final. Cases not referred to the Court shall be dealt with by the Committee
Ministers acting in accordance with the provisions
former Article 32
the Convention. 5. Cases pending before the Court which have not been decided at the date
entry into force
this Protocol shall be transmitted to the Grand Chamber
the Court, which shall examine them in accordance with the provisions
this Protocol. 6. Cases pending before the Committee
Ministers which have not been decided under former Article 32
the Convention at the date
entry into force
this Protocol shall be completed by the Committee
Ministers acting in accordance with that Article. Article 6 Where a High Contracting Party had made a declaration recognising the competence
the Commission or the jurisdiction
the Court under former Article 25 or 46
the Convention with respect to matters arising after or based on facts occurring subsequent to any such declaration, this limitation shall remain valid for the jurisdiction
the Court under this Protocol. Article 7 The Secretary General
the Council
Europe shall notify the member States
the Council
a any signature; b the deposit
any instrument
ratification, acceptance or approval; c the date
entry into force
this Protocol or
any
its provisions in accordance with Article 4; and d any other act, notification or communication relating to this Protocol. In witness whereof, the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 11th day
May 1994, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives
the Council
Europe. The Secretary General
the Council
Europe shall transmit certified copies to each member State
the Council
Europe. Appendix Headings
articles to be inserted into the text
the Convention for theProtection
Human Rights and Fundamental Freedoms and its protocols See footnote 1 Article 1 - Obligation to respect human rights Article 2 - Right to life Article 3 - Prohibition
torture Article 4 - Prohibition
slavery and forced labour Article 5 - Right to liberty and security Article 6 - Right to a fair trial Article 7 - No punishment without law Article 8 - Right to respect for private and family life Article 9 - Freedom
thought, conscience and religion Article 10 - Freedom
expression Article 11 - Freedom
assembly and association Article 12 - Right to marry Article 13 - Right to an effective remedy Article 14 - Prohibition
discrimination Article 15 - Derogation in time
emergency Article 16 - Restrictions on political activity
aliens Article 17 - Prohibition
abuse
rights Article 18 - Limitation on use
restrictions on rights [...] Article 52 - Enquiries by the Secretary General Article 53 - Safeguard for existing human rights Article 54 - Powers
the Committee
Ministers Article 55 - Exclusion
other means
dispute settlement Article 56 - Territorial application Article 57 - Reservations Article 58 - Denunciation Article 59 - Signature and ratification Protocol Article 1 - Protection
property Article 2 - Right to education Article 3 - Right to free elections Article 4 - Territorial application Article 5 - Relationship to the Convention Article 6 - Signature and ratification Protocol No. 4 Article 1 - Prohibition
imprisonment for debt Article 2 - Freedom
movement Article 3 - Prohibition
expulsion
nationals Article 4 - Prohibition
collective expulsion
aliens Article 5 - Territorial application Article 6 - Relationship to the Convention Article 7 - Signature and ratification Protocol No. 6 Article 1 - Abolition
the death penalty Article 2 - Death penalty in time
war Article 3 - Prohibition
derogations Article 4 - Prohibition
reservations Article 5 - Territorial application Article 6 - Relationship to the Convention Article 7 - Signature and ratification Article 8 - Entry into force Article 9 - Depositary functions Protocol No. 7 Article 1 - Procedural safeguards relating to expulsion
aliens Article 2 - Right
appeal in criminal matters Article 3 - Compensation for wrongful conviction Article 4 - Right not to be tried or punished twice Article 5 - Equality between spouses Article 6 - Territorial application Article 7 - Relationship to the Convention Article 8 - Signature and ratification Article 9 - Entry into force Article 10 - Depositary functions Footnote: 1 Headings have already been added to new Articles 19 to 51
the Convention by the present Protocol.
DI paaiškinimas pagal oficialų įstatymo tekstą. Orientacinis, nepakeičia teisinės konsultacijos.