Article 49 Reasons for advisory opinions
Reasons shall be given for advisory opinions of the Court.
If the advisory opinion does not represent, in whole or in part, the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion.
Advisory opinions of the Court shall be communicated to the Committee of Ministers.
Article 50 Expenditure on the Court
The expenditure on the Court shall be borne by the Council of Europe.
Article 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 Article 40 of the Statute of the Council of Europe and in the agreements made thereunder.
Section III Miscellaneous provisions
Article 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.
Article 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.
Article 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.
Article 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.
Article 56 Territorial application
Any State may at the time of its ratification or at any time thereafter declare by notification addressed to the Secretary General of the Council of Europe that the present Convention shall, subject to paragraph 4 of this Article, extend to all or any of the territories for whose international relations it is responsible.
The Convention shall extend to the territory or territories named in the notification as from the thirtieth day after the receipt of this notification by the Secretary General of the Council of Europe.
The provisions of this Convention shall be applied in such territories with due regard, however, to local requirements.
Any State which has made a declaration in accordance with paragraph 1 of this article may at any time thereafter declare on behalf of one or more of the territories to which the declaration relates that it accepts the competence of the Court to receive applications from individuals, non-governmental organisations or groups of individuals as provided by Article 34 of the Convention.
Article 57 Reservations
Any State may, when signing this Convention or when depositing its instrument of ratification, make a reservation in respect of any particular provision of the Convention to the extent that any law then in force in its territory is not in conformity with the provision. Reservations of a general character shall not be permitted under this article.
Any reservation made under this article shall contain a brief statement of the law concerned.
Article 58 Denunciation
A High Contracting Party may denounce the present Convention only after the expiry of five years from the date on which it became a party to it and after six months’ notice contained in a notification addressed to the Secretary General of the Council of Europe, who shall inform the other High Contracting Parties.
Such a denunciation shall not have the effect of releasing the High Contracting Party concerned from its obligations under this Convention in respect of any act which, being capable of constituting a violation of such obligations, may have been performed by it before the date at which the denunciation became effective.
Any High Contracting Party which shall cease to be a member of the Council of Europe shall cease to be a Party to this Convention under the same conditions.
The Convention may be denounced in accordance with the provisions of the preceding paragraphs in respect of any territory to which it has been declared to extend under the terms of Article 56.
Article 59 Signature and ratification , 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.
The European Union may accede to this Convention.
The present Convention shall come into force after the deposit of ten instruments of ratification.
As regards any signatory ratifying subsequently, the Convention shall come into force at the date of the deposit of its instrument of ratification.
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.
Done at 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.
1 Text amended according to the provisions of Protocol No. 14 (CETS No. 194).
2 Article renumbered, heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).
3 New article according to the provisions of Protocol No. 14 (CETS No. 194).
4 Heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).
References and Further Reading
About the Author/s and Reviewer/s