Vorbehalte und Erklärungen für Vertrag Nr.046 - Protokoll Nr. 4 zur Konvention zum Schutze der Menschenrechte und Grundfreiheiten, durch das gewisse Rechte und Freiheiten gewährleistet werden, die nicht bereits in der Konvention oder im ersten Zusatzprotokoll enthalten sind

Art der Erklärung : Erklärungen, Kündigungen, Abweichungen
Datum 06/03/2021

Albanien

Withdrawal of Derogation contained in the Note Verbale No. 129/20 of the Permanent Representation of Albania, dated 24 June 2020, registered at the Secretariat General on 24 June 2020 - Or. Engl.

The Permanent Representation of Albania to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, informs that the emergency situation which necessitated a derogation from certain obligations under Article 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, ceased to exist. Consequently, pursuant to Article 15, paragraph 3, of the Convention, the Government withdraws the derogations from Article 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Permanent Representation of Albania to the Council of Europe recalls that on 31 March 2020, it informed the Secretary General of the Council of Europe that following the announcement of the World Health Organization, on 24 March 2020 the Government of the Republic of Albania declared an emergency situation in the entire territory of the Republic of Albania for 30 (thirty) days which was subsequently extended. On 12 May 2020, the Permanent Representation of Albania to the Council of Europe informed the Secretary General on the decision of the Government to extend the period of the emergency situation until 23 June 2020.

Considering that the Government has decided not to extend the emergency situation in Albania, the measures chosen to prevent further spread of the Covid-19 and the continuous threat it poses to public health, which necessitated a derogation under Articles 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol no.4 to the Convention for the Protection of Human Rights and Fundamental Freedoms ceased to operate on 23 June 2020. Accordingly, the Government withdraws its derogations under the remaining Articles of the Convention and of Protocols thereto, and the provisions of the Convention are being fully executed again.
In Kraft: 24/06/2020 -
Artikel betroffen : 2

Communication contained in the Note Verbale No. 091/20 from the Permanent Representation of Albania to the Council of Europe, dated 12 May 2020, received and registered by the Secretariat General on 12 May 2020 - Or. Engl.

The Permanent Representation of Albania presents its compliments to the Secretary General of the Council of Europe and in reference to its Verbal Note 057/20 dated 31 March 2020, pursuant to Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms has the honour to inform the Secretary General on the developments with regard to the State of Natural Disaster declared on 24 March 2020 by the Council of Minister of Republic of Albania, due to the spread of COVID-19.

Taking into account the significant danger posed to public health, by the Decision No.18 of 23 April 2020, the Assembly of the Republic of Albania decided to give consent to the extension of the state of natural disaster, announced by decision no. 243, dated 24.3.2020 of Council of Ministers of the Republic of Albania. After the consent by the Assembly of the Republic of Albania, the Council of Ministers issued the decision No.342, dated 25.04.2020 “On an Amendment to the Decision No. 243 of the Council of Ministers of 24.03.2020 “On the State of Natural Disaster” ”. Pursuant to this Decision, the restrictions imposed by Decision No. 243 “On the State of Natural Disaster” shall remain in force until 23 June 2020 .

The Permanent Representation of Albania to the Council of Europe shall inform the Secretary General of the Council of Europe on the future developments with regard to the State of Natural Disaster and shall notify the Secretary-General when these measures have ceased to operate.

The Permanent Representation of Albania attaches to this Verbal Note the unofficial translations of the Decision No.18 of the Assembly of Albania of 23 April 2020 “On the Consent to Extension of the State of Natural Disaster”, and the Decision No.342 of the Council of Ministers of 25 April 2020 “On an Amendment to the Decision No.243 of the Council of Ministers of 24.03.2020 "On the State of Natural Disaster" ", as published in the Official Gazette No.77/2020.

Link to Decisions No. 18 of 23 April 2020 and No. 342 of 25 April 2020.


In Kraft: 12/05/2020 - 23/06/2020
Artikel betroffen : 2

Derogation contained in a Note verbal from the Permanent Representation of Albania to the Council of Europe, dated 31 March 2020, registered at the Secretariat General on 31 March 2020 - Or. Engl.

The Permanent Representation of Albania presents its compliment to the Secretary General of the Council of Europe and pursuant to Article 15 of the Convention for the protection of Human Rights and Fundamental Freedoms informs the following:

The World Health Organization on 11 March 2020 characterized COVID-19 as pandemic. Since the first case of COVID-19 was detected on the territory of Albania on 9 March, the Government has been taking measures to protect public health. On 11 March 2020, the Minister of Health and Social Protection, declared the epidemic state by Order no.156/2. Furthermore, the Minister of Health and Social Protection in order to protect the health of the population by the infection caused by COVID-19 approved some other measures. However, the increase in number of infected persons necessitated adoption of additional measures. On 15.03.2020 the Council of Minister approved normative Act No.3 “On taking special administrative measures during the period of infection caused by COVID 19”.

Furthermore, on 24 March 2020 the Council of Ministers of Republic of Albania decided state of natural disaster in order to ensure the containment of the spread of COVID-19 virus on the entire territory of Albania. The aim of the decision is to ensure epidemiological safety, restrict the spread of COVID-19 and ensure public health at national level. The Council of Ministers Decision restricted certain fundamental human rights and freedom enshrined in Articles 37, 38, 41, paragraph 4, 49 & 51 of the Constitution of Albania. The state of natural disaster starts on 24 March 2020.

The measures adopted by the Government, among others include, gradual restriction of air, land and sea traffic, suspension of education process, establishment of quarantine procedures and self-isolation, restriction of assembly, manifestation and gathering, restriction on the right of property, special regulation on public service delivery and administrative proceedings.

The Permanent Representation of Albania to the Council of Europe attaches to this Note the unofficial translation of the following documents: Council of Ministers Decision no.243, dated 24.3.2020 “On the declaration of the state of natural disaster”- Annex 1; Normative Act no. 3, dated 15.03.2020 “On taking special administrative measures during the period of infection caused by COVID-19 as amended ”and amendments dated on 24.03.2020 – Annex 2; and Order No. 156/2, dated 11.03.2020 “On the declaration of the state of Epidemic” and other Orders of the Minister of Health and Social Protection listed on Annex 3.

The application of measures taken by the Government gives reasons for the necessity to derogate from certain obligations of Republic of Albania under Articles 8 and 11 of the Convention for the Protection of Human Rights and Fundamental Freedom, Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedom and Article 2 of Protocol No.4 to the Convention for the Protection of Human Rights and Fundamental Freedom.

Therefore, the Permanent Representation kindly asks that this Note Verbale be considered as notification for the purposes of Article 15 paragraph 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Permanent Representation of Albania to the Council of Europe will inform the Secretary General of the Council of Europe about future developments with regard to the emergency situation and will notify her when the state of natural disaster is lifted.

Annex 1
Annex 2
Annex 3

In Kraft: 31/03/2020 - 23/06/2020
Artikel betroffen : 2

Declarations contained in the instrument of ratification of the Convention deposited on 2 October 1996 – Or. Engl.

The Republic of Albania declares that it recognizes the competence of the European Commission of Human Rights to receive petitions from any person, non-governmental organisation or group of individuals, claiming to be victims of a violation of the rights set forth in the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as in its Additional Protocols No. 1, No. 4 and No. 7, in cases when the violation of the rights guaranteed in these documents has occurred after they have come into force for the Republic of Albania.

The Republic of Albania declares that, on condition of reciprocity, it recognizes the jurisdiction of the European Court of Human Rights to interpret and apply the Convention for the Protection of Human Rights and Fundamental Freedoms, and its Additional Protocols No. 1, No. 4 and No. 7, in cases when the violation of the rights guaranteed in these documents has occurred after they have come into force for the Republic of Albania.
In Kraft: 02/10/1996 - 31/10/1998
Artikel betroffen : 6


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