Vorbehalte und Erklärungen für Vertrag Nr.009 - Zusatzprotokoll zur Konvention zum Schutze der Menschenrechte und Grundfreiheiten

Art der Erklärung : Vorbehalte
Datum 21/10/2019

Portugal

Reservation contained in the letter from the Permanent Representative of Portugal, dated 8 November 1978 handed to the Secretary General at the time of deposit of the instrument of ratification, on 9 November 1978 - Or. Fr. - and withdrawn by letter form the Permanent Representative of Portugal, registered at the Secretariat General on 11 May 1987 - Or. Fr.

As regards the Protocol, the Government of the Portuguese Republic formulates the following reservations:

Article 1 of the Protocol will be applied subject to Article 82 of the Constitution of the Portuguese Republic, which provides that expropriations of large landowners, big property owners and entrepreneurs or shareholders may be subject to no compensation under the conditions to be laid down by the law.

Article 82 of the Constitution reads as follows:

Article 82
1. The law shall determine the methods and forms of intervention, nationalisation and socialisation of the means of production and criteria for fixing compensation.
2. The law may stipulate that expropriations of large landowners, big property owners and entrepreneurs or shareholders shall not be subject to any compensation whatsoever.
In Kraft: 09/11/1978 - 11/05/1987
Artikel betroffen : 1

Reservation contained in the letter from the Permanent Representative of Portugal, dated 8 November 1978 handed to the Secretary General at the time of deposit of the instrument of ratification, on 9 November 1978 - Or. Fr. - and withdrawn by letter form the Permanent Representative of Portugal, registered at the Secretariat General on 11 May 1987 - Or. Fr.

Article 2 of the Protocol will be applied subject to Articles 43 and 75 of the Constitution of the Portuguese Republic, which provide for the non-denominationality of public education, the supervision of private education by the State and the validity of legal provisions concerning the setting-up of private educational establishments.

Articles 43 and 75 of the Constitution read as follows:

Article 43
1. The freedom to learn and teach shall be safeguarded.
2. The State shall not arrogate to itself the right to plan education and culture in accordance with any philosophical, aesthetic, political, ideological or religious guidelines.
3. Public education shall not be denominational.

Article 75
1. The State shall establish a network of official education institutions to meet the needs of the whole population.
2. The State shall supervise private education which is complementary to public education.
In Kraft: 09/11/1978 - 11/05/1987
Artikel betroffen : 2


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