Council of Europe Treaty Series
The member States of the Council of Europe signatory hereto,
Being resolved to take further steps to ensure the collective enforcement of certain rights and freedoms by means of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"),
Have agreed as follows:
Article 1 Procedural safeguards relating to expulsion of aliens
Article 2 Right of appeal in criminal matters
Article 3 Compensation for wrongful conviction
When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed, or he 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.
Article 4 Right not to be tried or punished twice
Article 5 Equality between spouses
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. This Article shall not prevent States from taking such measures as are necessary in the interests of the children.
Article 6 Territorial application
Article 7 Relationship to the Convention (1)
As between the States Parties, the provisions of Articles 1 to 6 of this Protocol shall be regarded as additional Articles to the Convention, and all the provisions of the Convention shall apply accordingly.
Article 8 Signature and ratification
This Protocol shall be open for signature by member States of the Council of Europe which have signed the Convention. It is subject to ratification, acceptance or approval. A member State of the Council of Europe may not ratify, accept or approve this Protocol without previously or simultaneously ratifying the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
Article 9 Entry into force
Article 10 Depositary functions
The Secretary General of the Council of Europe shall notify all the member States of the Council of Europe of:
In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol.
Done at Strasbourg, this 22nd day of November 1984, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.
The Conference of High Contracting Parties agreed by consensus that the provisions regarding the new single-judge formation and the new competence of the Committees of three judges contained in Protocol No. 14 to the European Convention on Human Rights are to be applied on a provisional basis with respect to those states that express their consent, according to the modalities set out in document CM(2009)71 rev2.
If agreement were to be reached by consensus between the High Contracting Parties, the provisional application in accordance with Article 25 of the Vienna Convention on the Law of Treaties of certain provisions of Protocol No. 14 to the Convention would take place in the following manner:
a. the relevant parts of Protocol No. 14 are Article 4 (the second paragraph added to Article 24 of the Convention), Article 6 (in so far as it relates to the single-judge formation), Article 7 (provisions on the competence of single judges) and Article 8 (provisions on the competence of committees), to be applied jointly;
b. any of the High Contracting Parties may at any time declare by means of a notification addressed to the Secretary General of the Council of Europe that it accepts, in its respect, the provisional application of the above-mentioned parts of Protocol No. 14. Such declaration of acceptance will take effect on the first day of the month following the date of its receipt by the Secretary General of the Council of Europe; the above-mentioned parts of Protocol No. 14 will not be applied in respect of Parties that have not made such a declaration of acceptance;
c. from the date on which the declaration of acceptance takes effect in respect of a High Contracting Party, the above-mentioned parts of Protocol No. 14 will apply in respect of individual applications brought against it, including those pending before the Court at that date. They will not apply in respect of any individual application brought against two or more High Contracting Parties unless a declaration of acceptance is in effect or Protocol No. 14 bis, if adopted and opened for signature, is in force or applied on a provisional basis in respect of all of them;
d. the Secretary General of the Council of Europe will notify the High Contracting Parties and the European Court of Human Rights of any declaration of acceptance received pursuant to the agreement. Such a declaration will cease to be effective upon the entry into force of Protocol No. 14 bis to the Convention in respect of the High Contracting Party concerned;
e. the provisional application of the above-mentioned provisions of Protocol No. 14 will terminate upon entry into force of Protocol No. 14 or if the High Contracting Parties in some other manner so agree.
Parties to the
|Bosnia and Herzegovina|
|"the former yugoslav Republic of Macedonia"|
Chart of declarations made pursuant to former Article 7.2
|former Article 25 of ECHR||former Article 46 of ECHR|
|first declarations||last declarations||first declarations||last declarations|
|Czech Republic||18/03/92 (i)||18/03/92||5 years (b)||18/03/92 (i)||18/03/92||5 years (b)|
|Estonia||16/04/96||16/04/96||3 years||16/04/96||16/04/96||3 years|
|France||21/02/86||22/09/94||5 years||21/02/86||22/09/94||5 years|
|Hungary||05/11/92||05/11/92||5 years(b)||05/11/92||05/11/92||5 years (b)|
|Italy||01/01/97||01/01/97||3 years||01/01/97||01/01/97||3 years|
|Latvia||27/06/97||27/06/97||3 years||27/06/97||27/06/97||3 years|
|Luxembourg||07/02/90||28/04/96||5 years||07/02/90||28/04/96||5 years|
|Norway||25/10/88||29/06/92||5 years||25/10/88||29/06/92||5 years|
|San Marino||22/03/89||22/03/95||3 years||22/03/89||22/03/95||3 years|
|Slovakia||18/03/92 (i)||18/03/92||5 years(b)||18/03/92 (i)||18/03/92||5 years(b)|
|"the former Yugoslav Republic of Macedonia"||10/04/97||01/01/98||(c)||10/04/97||01/01/98||(c)|
(a) Until otherwise
decided or for an indefinite period
(b) Declaration renewable by tacit agreement
(c) Until the date of entry into force of Protocol No.11 (ETS No.155)
(i) Date of deposit of the instrument of ratification of the Czech and Slovak Federal Republic