PROTOCOL No. 8
TO THE CONVENTION FOR THE PROTECTION OF
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
(ETS N 118)
(Vienna, 19.III.1985)
The member States of the Council of Europe, signatories to
this Protocol to the Convention for the Protection of Human Rights
and Fundamental Freedoms, 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:
Article 1
The existing text of Article 20 of the Convention shall become
paragraph 1 of that Article and shall be supplemented by the
following four paragraphs:
"2. The Commission shall sit in plenary session. It may,
however, set up Chambers, each composed of at least seven members.
The Chambers may examine petitions submitted under Article 25 of
this Convention which can be dealt with on the basis of
established case law or which raise no serious question affecting
the interpretation or application of the Convention. Subject to
this restriction and to the provisions of paragraph 5 of this
Article, the Chambers shall exercise all the powers conferred on
the Commission by the Convention.
The member of the Commission elected in respect of a High
Contracting Party against which a petition has been lodged shall
have the right to sit on a Chamber to which that petition has been
referred.
3. The Commission may set up committees, each composed of at
least three members, with the power, exercisable by a unanimous
vote, to declare inadmissible or strike from its list of cases a
petition submitted under Article 25, when such a decision can be
taken without further examination.
4. A Chamber or committee may at any time relinquish
jurisdiction in favour of the plenary Commission, which may also
order the transfer to it of any petition referred to a Chamber or
committee.
5. Only the plenary Commission can exercise the following
powers:
a. the examination of applications submitted under Article 24;
b. the bringing of a case before the Court in accordance with
Article 48a;
c. the drawing up of rules of procedure in accordance with
Article 36."
Article 2
Article 21 of the Convention shall be supplemented by the
following third paragraph:
"3. The candidates shall be of high moral character and must
either possess the qualifications required for appointment to high
judicial office or be persons of recognised competence in national
or international law."
Article 3
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."
Article 4
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:
"Article 28
1. In the event of the Commission accepting a petition
referred to it:
a. it shall, with a view to ascertaining the facts, undertake
together with the representatives of the parties an examination of
the petition and, if need be, an investigation, for the effective
conduct of which the States concerned shall furnish all necessary
facilities, after an exchange of views with the Commission;
b. it shall at the same time place itself at the disposal of
the parties concerned with a view to securing a friendly
settlement of the matter on the basis of respect for Human Rights
as defined in this Convention.
2. If the Commission succeeds in effecting a friendly
settlement, it shall draw up a Report which shall be sent to the
States concerned, to the Committee of Ministers and to the
Secretary General of the Council of Europe for publication. This
Report shall be confined to a brief statement of the facts and of
the solution reached."
Article 5
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".
Article 6
The following provision shall be inserted in the Convention:
"Article 30
1. The Commission may at any stage of the proceedings decide
to strike a petition out of its list of cases where the
circumstances lead to the conclusion that:
a. the applicant does not intend to pursue his petition, or
b. the matter has been resolved, or
c. for any other reason established by the Commission, it is
no longer justified to continue the examination of the petition.
However, the Commission shall continue the examination of a
petition if respect for Human Rights as defined in this Convention
so requires.
2. If the Commission decides to strike a petition out of its
list after having accepted it, it shall draw up a Report which
shall contain a statement of the facts and the decision striking
out the petition together with the reasons therefor. The Report
shall be transmitted to the parties, as well as to the Committee
of Ministers for information. The Commission may publish it.
3. The Commission may decide to restore a petition to its list
of cases if it considers that the circumstances justify such a
course."
Article 7
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 8
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 9
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 10
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."
Article 11
In the first sentence of Article 43 of the Convention, the
word "seven" shall be replaced by the word "nine".
Article 12
1. This Protocol shall be open for signature by member States
of the Council of Europe signatories to the Convention, which may
express their 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. Instruments of ratification, acceptance or approval shall
be deposited with the Secretary General of the Council of Europe.
Article 13
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 Parties to the Convention have expressed
their consent to be bound by the Protocol in accordance with the
provisions of Article 12.
Article 14
The Secretary General of the Council of Europe shall notify
the member States of the Council of:
a. any signature;
b. the deposit of any instrument of ratification, acceptance
or approval;
c. the date of entry into force of this Protocol in accordance
with Article 13;
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 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.
(Follow the signatures)
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