Reservations and Declarations for Treaty No.005 - Convention for the Protection of Human Rights and Fundamental Freedoms

Nature of declaration : Reservations
Status as of 26/06/2017

Montenegro

Reservation contained in the instrument of ratification deposited on 3 March 2004 - Or. Engl. - At the same time, the Minister of Foreign Affairs of Serbia and Montenegro handed over to the Secretary General a Note Verbale from the Ministry of Foreign Affairs of Serbia and Montenegro containing a brief statement of the laws concerned - Or. Engl. (See Declaration under Article 57)

While affirming its willingness fully to guarantee the rights enshrined in Articles 5 and 6 of the Convention, Serbia and Montenegro declares that the provisions of Article 5, paragraph 1[.c] and Article 6, paragraphs 1 and 3, shall be without prejudice to the application of Articles 75 to 321 of the Law on Minor Offences of the Republic of Serbia (Službeni glasnik Socijalisticke Republike Srbije, No. 44/89; Službeni glasnik Republike Srbije, Nos. 21/90, 11/92, 6/93, 20/93, 53/93, 67/93, 28/94, 16/97, 37/97, 36/98, 44/98, 65/2001) and Articles 61 to 225 of the Law on Minor Offences of the Republic of Montenegro (Službeni list Republike Crne Gore, Nos. 25/94, 29/94, 38/96, 48/99) that regulate proceedings before magistrates' courts.

[Note by the Secretariat: The Committee of Ministers of the Council of Europe decided on its 994thbis meeting that the Republic of Montenegro is to be considered a Party to this treaty with effect from 6 June 2006.]
Period covered: 06/06/2006 -
Articles concerned : 5, 6

Reservation contained in the instrument of ratification deposited by the state union of Serbia and Montenegro, on 3 March 2004 - Or. Engl.

Serbia and Montenegro declares that the right to a public hearing enshrined in Article 6, paragraph 1, of the Convention shall be without prejudice to the application of the principle that courts in Serbia do not, as a rule, hold public hearings when deciding in administrative disputes. The said rule is contained in Article 32 of the Law on Administrative Disputes (Službeni list Savezne Republike Jugoslavije, No. 46/96) of the Republic of Serbia.

[Note by the Secretariat: The Committee of Ministers of the Council of Europe decided on its 994thbis meeting that the Republic of Montenegro is to be considered a Party to this treaty with effect from 6 June 2006.]
Period covered: 06/06/2006 -
Articles concerned : 6


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