Details of Treaty No.140

Protocol No. 9 to the Convention for the Protection of Human Rights and Fundamental Freedoms
Title Protocol No. 9 to the Convention for the Protection of Human Rights and Fundamental Freedoms
Reference CETS No.140
Opening of the treaty Rome, 06/11/1990  - This Protocol has been repealed as from the date of entry into force of Protocol No. 11 (ETS No. 155) on 1 November 1998.
Entry into Force 01/10/1994  - 10 Ratifications.
Summary

The Ninth Protocol affords an applicant the right to refer a case to the Court in certain circumstances.

Under Article 25 of the Convention, any person claiming to be the victim of a violation of human rights may make an application to the European Commission of Human Rights against the State responsible. If the Commission, having declared the application admissible, fails to secure a friendly settlement, it draws up a report on the facts stating its opinion as to whether there has been a breach of the Convention. Under the original Convention scheme, only the Commission and States concerned can refer cases to the Court, provided that the State against which the complaint has been lodged has recognised the jurisdiction of the Court. This Protocol enables an applicant whose petition has been the subject of a report by the Commission to request the Court to deal with the case, regardless of whether the Commission or the State concerned have referred the case to the Court.


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