Vorbehalte und Erklärungen für Vertrag Nr.005 - Konvention zum Schutze der Menschenrechte und Grundfreiheiten

In Kraft befindliche Erklärungen zum heutigen Datum
Datum 25/11/2015


Withdrawal of derogation contained in a letter from the Chargé d'affaires a.i. of France, dated 2 September 1985, registered at the Secretariat General on 3 September 1985 – Or. Fr.

Pursuant to Article 15 of the European Convention on Human Rights and having regard to the reservation respecting that Article entered by the Government of the French Republic when ratifying the Convention, I informed you, by letter of 7 February 1985, of the proclamation of the state of emergency in New Caledonia by Decree 75 35 of the High Commissioner dated 12 January 1985 and of the extension of this legal situation up to 30 June 1985 by Act no. 85 96 of 25 January 1985.

I have the honour to inform you that the state of emergency came to an end on the date thus fixed and that Act no. 85 892 of 23 August 1985 relating to the situation of New Caledonia did not provide for its renewal.
In Kraft: 30/06/1985 -
Artikel betroffen : 15

Reservation contained in the instrument of ratification, deposited on 3 May 1974 - Or. Fr.

The Government of the Republic, in accordance with Article 64 of the Convention [Article 57 since the entry into force of the Protocol No 11], makes a reservation in respect of paragraph 1 of Article 15, to the effect, firstly, that the circumstances specified in Article 16 of the Constitution regarding the implementation of that Article, in Section 1 of the Act of 3 April 1878 and in the Act of 9 August 1849 regarding proclamation of a state of siege, and in Section 1 of Act No. 55-385 of 3 April 1955 regarding proclamation of a state of emergency, and in which it is permissible to apply the provisions of those texts, must be understood as complying with the purpose of Article 15 of the Convention and that, secondly, for the interpretation and application of Article 16 of the Constitution of the Republic, the terms to the extent strictly required by the exigencies of the situation shall not restrict the power of the President of the Republic to take the measures required by the circumstances.
In Kraft: 03/05/1974 -
Artikel betroffen : 15

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