Council of Europe Treaty Series
The member States of the Council of Europe, signatories to this Protocol to the Convention for the Protection of Human Rights and
signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"),
Considering that it is desirable to amend certain provisions of the Convention with a view to improving and in particular to expediting the procedure of the European Commission of Human Rights;
Considering that it is also advisable to amend certain provisions of the Convention concerning the procedure of the European Court of Human Rights,
Have agreed as follows:
The existing text of Article 20 of the Convention shall become paragraph 1 of that
article and shall be supplemented by the following
Article 21 of the Convention shall be supplemented by the following third paragraph:
Article 23 of the Convention shall be supplemented by the following sentence:
"During their term of office they shall not hold any position which is incompatible with their independence and impartiality as members of the Commission or the demands of this office."
The text, with modifications, of Article 28 of the Convention shall become paragraph 1
of that article and the text, with modifications,
of Article 30 shall become paragraph 2.
The new text of Article 28 shall read as follows:
In the first paragraph of Article 29 of the Convention, the word "unanimously" shall be replaced by the words "by a majority of two-thirds of its members".
The following provision shall be inserted in the Convention:
However, the Commission shall continue the examination of a petition if respect for human rights as defined in this Convention so requires.
In Article 31 of the Convention, paragraph 1 shall read as follows:
"1 If the examination of a petition has not been completed in accordance with Article 28 (paragraph 2), 29 or 30, the Commission shall draw up a report on the facts and state its opinion as to whether the facts found disclose a breach by the State concerned of its obligations under the Convention. The individual opinions of members of the Commission on this point may be stated in the report."
Article 34 of the Convention shall read as follows:
"Subject to the provisions of articles 20 (paragraph 3) and 29, the Commission shall take its decision by a majority of the members present and voting."
Article 40 of the Convention shall be supplemented by the following seventh paragraph:
"7 The members of the Court shall sit on the Court in their individual capacity. During their term of office they shall not hold any position which is incompatible with their independence and impartiality as members of the Court or the demands of this office."
Article 41 of the Convention shall read as follows:
"The Court shall elect its President and one or two Vice-Presidents for a period of three years. They may be re-elected."
In the first sentence of Article 43 of the Convention, the word "seven" shall be replaced by the word "nine".
This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which all the Parties to the Convention have expressed their consent to be bound by the Protocol in accordance with the provisions of Article 12.
The Secretary General of the Council of Europe shall notify the member States of the Council of:
In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol.
Done at Vienna, this 19th day of March 1985, 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.