2. Conferring upon the European Court of Human Rights
Competence to give Advisory Opinions
The Member States of the Council of
Europe signatory hereto:
Having regard to the provisions 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'), and in particular
Article 19 instituting, among other bodies, a European Court of Human Rights
(hereinafter referred to as 'the Court');
Considering that it is expedient to confer upon the Court
competence to give advisory opinions subject to certain conditions;
Have agreed as follows:
ARTICLE
1
- The Court may, at the request
of the Committee of Ministers, give advisory opinions on legal questions
concerning the interpretation of the Convention and the Protocols thereto.
- Such opinions shall not deal
with any question relating to the content or scope of the rights or
freedoms defined in Section I of the convention and in the Protocols
thereto, or with any other question which the Commission, the Court, or
the committee of Ministers might have to consider in consequence of any
such proceedings as could be instituted in accordance with the Convention.
- Decisions of the Committee of
Ministers to request an advisory opinion of the Court shall require a
two-thirds majority vote of the representatives entitled to sit on the
Committee.
ARTICLE
2
The Court shall decide whether a request for an advisory
opinion submitted by the Committee of Ministers is within its consultative
competence as defined in Article 1 of this Protocol.
ARTICLE
3
- For the consideration of
requests for an advisory opinion, the Court shall sit in plenary session.
- 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
4
The powers of the Court under Article 55 of the Convention
shall extend to the drawing up of such rules and the determination of such
procedure as the Court may think necessary for the purposes of this Protocol.
ARTICLE
5
- This Protocol shall be open to
signature by member States of the Council of Europe, signatories to the
Convention, who may become Parties to it by:
- (a) signature without
reservation in respect of ratification or acceptance;
- (b) signature with reservation
in respect of ratification or acceptance, followed by ratification or
acceptance. Instruments of ratification or acceptance shall be deposited
with the Secretary-General of the Council of Europe.
- This Protocol shall enter into
force as soon as all the States Parties to the Convention shall have
become Parties to the Protocol in accordance with the Provisions of
paragraph 1 of this article.
- From the date of the entry into
force of this Protocol, Articles 1 to 4 shall be considered an integral
part of the Convention.
- The Secretary-General of the
Council of Europe shall notify the Member States of the Council of:
- (a) any signature without
reservation in respect of ratification or acceptance;
- (b) any signature with
reservation in respect of ratification or acceptance;
- (c) the deposit of any
instrument of ratification or acceptance;
- (d) the date of entry into
force of this Protocol in accordance with paragraph 2 of this article.
In witness whereof the undersigned,
being duly authorized thereto, have signed this Protocol.
Done at Strasbourg, this 6th day of May 1963, in English and
French, both text 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 signatory States.