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
4th 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 1
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:
- signature without reservation in respect of ratification or acceptance;
- 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 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:
- any signature without reservation in respect of ratification or acceptance;
- any signature with reservation in respect of ratification or acceptance;
- the deposit of any instrument of ratification or acceptance;
- the date of entry into force of this Protocol in accordance with paragraph 2 of this
article.
In witness whereof, the undersigned, being duly authorised thereto, have signed this
Protocol.
Done at Strasbourg, this 6th day of May 1963, in English and in French, both texts being
equally authoritative, 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.
