Reservations and Declarations for Treaty No.117 - Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Declarations in force as of today
Status as of 23/05/2017

Austria

Declarations contained in the instrument of ratification, deposited on 14 May 1986 - Or. Engl./Fr.

The Republic of Austria declares:

1. Higher Tribunals in the sense of Article 2, paragraph 1, include the Administrative Court and the Constitutional Court.

2. Articles 3 and 4 exclusively relate to criminal proceedings in the sense of the Austrian code of criminal procedure.
Period covered: 01/11/1988 -
Articles concerned : 2, 3, 4


Azerbaijan

Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 01/07/2002 -
Articles concerned : -


Belgium

Declaration contained in a Note from the Minister of Foreign Affairs of Belgium, deposited by the Permanent Representative of Belgium at the time of signature of the instrument, on 11 May 2005 - Or. Fr., and withdrawn by a letter from the Minister of Foreign Affairs of Belgium, dated 14 March 2012, deposited with the instrument of ratification on 13 April 2012 - Or. Fr.

Belgium understands the words "resident" and "lawfully" mentioned in Article 1 of this Protocol in the sense that is given to them in paragraph 9 of its Explanatory Report.
Period covered: 11/05/2005 -
Articles concerned : 1


Denmark

Reservation contained in a letter from the Chargé d'affaires a.i. of Denmark, dated 18 August 1988, handed to the Secretary General at the time of deposit of the instrument of ratification, on 18 August 1988 - Or. Engl.

The Government of Denmark declares that Article 2, paragraph 1 does not bar the use of rules of the Administration of Justice Act ("Lov om rettens pleje") according to which the possibility of review by a higher court - in cases subject to prosecution by the lower instance of the prosecution ("politisager") - is denied

a. when the prosecuted, having been duly notified, fails to appear in court;
b. when the court has repealed the punishment ; or
c. in cases where only sentences of fines or confiscation of objects below the amount or value established by law are imposed.
Period covered: 01/11/1988 -
Articles concerned : 2

Declaration contained in a letter from the Minister for Foreign Affairs of Denmark, dated 1 August 1994, transmitted by Note Verbale from the Permanent Representation, dated 2 September 1994, registered at the Secretariat General on 2 September 1994 - Or. Engl.

With reference to Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms adopted by the Council of Europe on 22 November 1984 and ratified by Denmark on 18 August 1988, I have the honour to state that Denmark withdraws its territorial reservation made upon ratification of the said Protocol according to which the Protocol should not apply to the Faroe Islands.
Period covered: 02/09/1994 -
Articles concerned : 6

Declaration contained in a letter from the Minister for Foreign Affairs of Denmark, dated 1 August 1994, transmitted by Note Verbale from the Permanent Representation, dated 2 September 1994, registered at the Secretariat General on 2 September 1994 - Or. Engl.

The Danish reservation made in respect of Article 2, paragraph 1, of the Protocol shall also apply to the Faroe Islands.
Period covered: 02/09/1994 -
Articles concerned : 2

Declaration contained in a letter from the Minister for Foreign Affairs of Denmark, dated 1 August 1994, transmitted by Note Verbale from the Permanent Representation, dated 2 September 1994, registered at the Secretariat General on 2 September 1994 - Or. Engl.

The Danish declarations made in accordance with Article 7, paragraph 2, of the Protocol by which Denmark recognizes the right of individual petition and the compulsory jurisdiction of the European Court of Human Rights with regard to Articles 1 to 5 of the Protocol shall also apply to the Faroe Islands.
Period covered: 02/09/1994 -
Articles concerned : 6


France

Declaration made at the time of signature, on 22 November 1984, and confirmed at the time of deposit of the instrument of ratification, on 17 February 1986 - Or. Fr.

The Government of the French Republic declares that, in accordance with the meaning of Article 2, paragraph 1, the review by a higher court may be limited to a control of the application of the law, such as an appeal to the Supreme Court.
Period covered: 01/11/1988 -
Articles concerned : 2

Reservation contained in the instrument of ratification, deposited on 17 February 1986 - Or. Fr.

The Government of the French Republic declares that only those offences which under French law fall within the jurisdiction of the French criminal courts may be regarded as offences within the meaning of Articles 2 to 4 of this Protocol.
Period covered: 01/11/1988 -
Articles concerned : 2, 3, 4

Reservation contained in the instrument of ratification, deposited on 17 February 1986 - Or. Fr.

The Government of the French Republic declares that Article 5 may not impede the application of the rules of the French legal system concerning the transmission of the patronymic name.
Period covered: 01/11/1988 -
Articles concerned : 5

Reservation contained in the instrument of ratification, deposited on 17 February 1986 - Or. Fr.

Article 5 may not impede the application of provisions of local law in the territorial collectivity of Mayotte and the territories of New Caledonia and of the Wallis and Futuna Archipelago.
Period covered: 01/11/1988 -
Articles concerned : 5

Reservation contained in the instrument of ratification, deposited on 17 February 1986 - Or. Fr.

Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms shall apply to the whole territory of the Republic, due regard being had where the overseas territories and the territorial collectivity of Mayotte are concerned, to the local requirements referred to in Article 63 [Article 56 since the entry into force of Protocol No. 11] of the European Convention on Human Rights and Fundamental Freedoms.
Period covered: 01/11/1988 -
Articles concerned : 6


Germany

Declarations made at the time of signature, on 19 March 1985 - Or. Engl.

1. By "criminal offence" and "offence" in Articles 2 to 4 of the present Protocol, the Federal Republic of Germany understands only such acts as are criminal offences under its law.

2. The Federal Republic of Germany applies Article 2.1 to convictions or sentences in the first instance only, it being possible to restrict review to errors in law and to hold such reviews in camera; in addition, it understands that the application of Article 2.1 is not dependent on the written judgement of the previous instance being translated into a language other than the language used in court.

3. The Federal Republic of Germany understands the words "according to the law or the practice of the State concerned" to mean that Article 3 refers only to the retrial provided for in sections 359 et seq. of the Code of Criminal Procedure. (cf. Strafprozessordnung).
Articles concerned : 2, 3, 4


Italy

Declaration contained in a letter, dated 7 November 1991, handed to the Secretary General at the time of deposit of the instrument of ratification, on 7 November 1991 - Or. Fr.

The Italian Republic declares that Articles 2 to 4 of the Protocol apply only to offences, procedures and decisions qualified as criminal by Italian law.
Period covered: 01/02/1992 -
Articles concerned : 2, 3, 4


Liechtenstein

Declaration contained in the instrument of ratification deposited on 8 February 2005 - Or. Engl.

The Government of the Principality of Liechtenstein declares that only those offences which, under Lichtenstein law, fall within the jurisdiction of the Liechtenstein criminal courts may be regarded as offences within the meaning of Article 2 of this Protocol.
Period covered: 01/05/2005 -
Articles concerned : 2


Luxembourg

Reservation made at the time of deposit of the instrument of ratification, on 19 April 1989 - Or. Fr.

The Grand Duchy of Luxembourg declares that Article 5 of the Protocol must not prevent the application of the rules of the Luxembourg legal system concerning transmission of the patronymic name.
Period covered: 01/07/1989 -
Articles concerned : 5


Monaco

Declaration contained in the instrument of ratification deposited on 30 November 2005 - Or. Fr.

The Principality of Monaco declares that the superior jurisdiction, within the meaning of Article 2, paragraph 1, of Protocol No. 7 includes the Court of Review and the Supreme Court.
Period covered: 01/02/2006 -
Articles concerned : 2


Netherlands

Declaration made at the time of signature, on 22 November 1984 - Or. Engl. .

The Netherlands Government interprets paragraph 1 of Article 2 thus that the right conferred to everyone convicted of a criminal offence to have conviction or sentence reviewed by a higher tribunal relates only to convictions or sentences given in the first instance by tribunals which, according to Netherlands law, are in charge of jurisdiction in criminal matters.
Articles concerned : 2


Portugal

Declaration contained in the instrument of ratification deposited on 20 December 2004 - Or. Fr.

By “criminal offences” and “offence” in Articles 2 and 4 of the present Protocol, Portugal understands only those acts which constitute a criminal offence under its internal law.
Period covered: 01/03/2005 -
Articles concerned : 2, 4


San Marino

Declaration contained in the instrument of ratification, deposited on 22 March 1989 - Or. It. .

With regard to the provisions of Article 3 on the compensation of the victim of a miscarriage of justice, the Government of San Marino declares that although the principle is applied in practice, it is not enshrined in any legislative provision. Therefore the Government of the Republic undertakes to embody the principle and its regulation into a relevant legislative provision to be adopted within two years from today.
Period covered: 01/06/1989 -
Articles concerned : 3


Spain

Declaration contained in the instrument of ratification deposited on 16 September 2009 - Or. Spa.

If this Protocol were to be extended by the United Kingdom to Gibraltar, Spain would like to make the following declaration:

1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.

2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.

3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Protocol will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs.
Period covered: 01/12/2009 -
Articles concerned : 6


Sweden

Declaration made at the time of deposit of the instrument of ratification, on 8 November 1985 - Or. Engl. .

The Government of Sweden declares that an alien who is entitled to appeal against an expulsion order may, pursuant to Section 70 of the Swedish Aliens Act (1980:376), make a statement (termed a declaration of acceptance) in which he renounces his right of appeal against the decision. A declaration of acceptance may not be revoked. If the alien has appealed against the order before making a declaration of acceptance, his appeal shall be deemed withdrawn by reason of the declaration.
Period covered: 01/11/1988 -
Articles concerned : 1


Switzerland

Reservation contained in the instrument of ratification, deposited on 24 February 1988 - Or. Fr. .

When expulsion takes place in pursuance of a decision of the Federal Council taken in accordance with Article 70 of the Constitution on the grounds of a threat to the internal or external security of Switzerland, the person concerned does not enjoy the rights listed in paragraph 1 even after the execution of the expulsion.
Period covered: 01/11/1988 -
Articles concerned : 1

Reservation contained in the instrument of ratification, deposited on 24 February 1988 - Or. Fr. .

Following the entry into force of the revised provisions of the Swiss Civil Code of 5 October 1984, the provisions of Article 5 of the Additional Protocol No. 7 shall apply subject, on the one hand, to the provisions of Federal law concerning the family name (Article 160 CC and 8a final section, CC) and, on the other hand, to the provisions concerning the acquisition of the right of citizenship (Articles 161, 134, paragraph 1, 149, paragraph 1, CC and 8b final section, CC). Furthermore, the present reservation also concerns certain provisions of transitional law on marriage settlement (Articles 9, 9a, 9c, 9d, 9e, 10 and 10a final section, CC).
Period covered: 01/11/1988 -
Articles concerned : 5


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