Vorbehalte und Erklärungen für Vertrag Nr.005 - Konvention zum Schutze der Menschenrechte und Grundfreiheiten
Art der Erklärung : Vorbehalte
EstlandReservation contained in the instrument of ratification, deposited on 16 April 1996 - Or. Engl.
The Republic of Estonia, in accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], declares that while pending the adoption of amendments to the Code on Civil Procedure within one year from entry into force of the Ratification Act, she cannot ensure the right to a public hearing at the appellate court level (Ringkonnakohtus) as provided in Article 6 of the Convention, in so far as cases foreseen by Articles 292 and 298 of the Code on Civil Procedure (published in the Riigi Teataja [State Gazette] I 1993, 31/32, 538; 1994, 1, 5; 1995, 29, 358; 1996, 3, 57) may be decided through written procedure.
[Note by the Secretariat: See also the declaration contained in a letter from the Minister of Foreign Affairs of Estonia, dated 12 April 1996, handed to the Secretary General at the time of deposit of the instrument of ratification, on 16 April 1996 - Or. Engl.
In the reservation to Article 6 of the Convention, made in accordance with Article 64 of the Convention, the Republic of Estonia referred to Articles 292 and 298 of the Code on Civil Procedure. Hereby the unofficial translation of the referred Articles is provided.
Article 292 - Deciding a Case based solely on an application.
(1) The Court shall decide on an appeal or special application without further proceedings, if it unanimously finds that:
1. the application is manifestly ill-founded or the person who filed the application has no right to appeal. In this case, the court shall refuse the application;
2. while the case was heard in the Court of First Instance, the procedural norms were violated which, in accordance with the law, results in the revocation of the decision or order (Article 318) and which the Court of Appeal cannot leave unaddressed. In that case, the decision or order shall be disaffirmed and the case shall be referred back to the Court of First Instance for a new trial;
3. the copy of the decision of the Court of Appeal shall be sent to the parties involved within five days from the day the decision was signed.
(2) The Court of Appeal does not have the right to decide upon an appeal or a special application against the other party, if the Court of First Instance or the Court of Appeal has not given the other party an opportunity to respond to the application.
Article 298 - Settling a Case through written procedure
The court may settle the case through written procedure without public hearing:
1. if the respondent to the appeal agrees with it;
2. if the application claims the violation of procedural norms or the incorrect application of a substantive norm in the Court of First Instance;
3. if a special application has been filed and the court considers the public hearing unnecessary.]
In Kraft: 16/04/1996 -
Artikel betroffen : 6