Reservations and Declarations for Treaty No.005 - Convention for the Protection of Human Rights and Fundamental Freedoms

Nature of declaration : Reservations
Status as of 24/11/2017

Andorra

Reservation contained in the instrument of ratification, deposited on 22 January 1996 - Or. Cat./Fr.

The provisions of Article 5 of the Convention relating to deprivation of liberty shall apply without prejudice to what is laid down in Article 9, paragraph 2, of the Constitution of the Principality of Andorra.

Article 9, paragraph 2, of the Constitution states:

"Police custody shall take no longer then the time needed to carry out the enquiries in relation to the clarification of the case, and in all cases the detained shall be brought before the judge within 48 hours."
Period covered: 22/01/1996 -
Articles concerned : 5

Reservation contained in the instrument of ratification, deposited on 22 January 1996 - Or. Cat./Fr.

The provisions of Article 11 of the Convention relating to the right to form employers', professional and trade-union associations shall be applied to the extent that they are not in conflict with what is laid down in Articles 18 and 19 of the Constitution of the Principality of Andorra.

Article 18 of the Constitution states:

"The right to form and maintain employers', professional and trade-union associations shall be recognised. Without prejudice to their links with international institutions, these organisations shall operate within the limits of Andorra, shall have their own autonomy without any organic dependence on foreign bodies and shall function democratically."

Article 19 of the Constitution states:

"Workers and employers have the right to defend their own economic and social interests. A law shall regulate the conditions to exercise this right in order to guarantee the functioning of the services essential to the community."
Period covered: 22/01/1996 -
Articles concerned : 11

Reservation contained in the instrument of ratification, deposited on 22 January 1996 - Or. Cat./Fr.

The provisions of Article 15 of the Convention concerning a time of war or public emergency shall be applied within the limits provided for in Article 42 of the Constitution of the Principality of Andorra.

Article 42 of the Constitution states:

"1. A Llei Qualificada shall regulate the states of alarm and emergency. The former may be declared by the Govern in the event of natural catastrophe, for a term of fifteen days, notifying the Consell General. The latter shall be declared by the Govern for a term of thirty days in the case of interruption of the normal functioning of democratic life and this shall require the previous authorization of the Consell General. Any extension of these states requires the necessary approval of the Consell General.

2. In the event of the state of alarm the exercise of the rights recognised in Articles 21 and 27 may be limited. In the event of the state of emergency the rights covered by Articles 9.2, 12, 15, 16, 19 and 21 may be suspended. The suspension of the rights covered by Articles 9.2 and 15 must be always carried on under the control of the judiciary notwithstanding the procedure of protection established in Article 9, paragraph 3."
Period covered: 22/01/1996 -
Articles concerned : 15


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