1996. évi LXX. törvény

az Európa Tanács kiváltságairól és mentességeiről szóló, Párizsban, 1949. szeptember 2-án kelt Általános Megállapodás második, negyedik, ötödik számú kiegészítő jegyzőkönyveinek, valamint az Emberi Jogok Európai Bizottsága és Bírósága eljárásaiban részt vevő személyekre vonatkozó, Londonban, 1969. május 6-án kelt Európai Megállapodásnak a kihirdetéséről1

(A Magyar Köztársaság megerősítésről szóló okiratának letétbe helyezése az Európa Tanács Főtitkáránál 1996. január 20-án megtörtént.)

1. § Az Országgyűlés az Európa Tanács kiváltságairól és mentességeiről szóló Általános Megállapodás Párizsban, 1956. december 15-én kelt második, Párizsban, 1961. december 16-án kelt negyedik, Strasbourgban, 1990. június 18-án kelt ötödik számú kiegészítő jegyzőkönyveit, valamint az Emberi Jogok Európai Bizottsága és Bírósága eljárásaiban részt vevő személyekre vonatkozó, Londonban, 1969. május 6-án kelt Megállapodást e törvénnyel kihirdeti.

2. § A kiegészítő jegyzőkönyvek és a Megállapodás eredeti angol nyelvű szövege és annak hiteles magyar fordítása a következő:

„SECOND PROTOCOL TO THE GENERAL AGREEMENT ON PRIVILEGES AND IMMUNITIES OF THE COUNCIL OF EUROPE

Provisions in respect of the members of the European Commission of Human Rights

The governments signatory hereto, being members of the Council of Europe,

Considering that, under the terms of Article 59 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4th November, 1950, the members of the European Commission of Human Rigths (hereinafter referred to as „the Commission”) are entilted, during the discharge of their functions, to privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the Agreements made thereunder,

Considering that it is necessary to specify and define the said privileges and immunities in a Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, signed at Paris on 2nd September, 1949,

Have agreed as follows:

Article 1

The members of the Commission shall, while exercising their functions and during their journeys to and from their place of meeting, enjoy the following privileges and immunities:

a) immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their official capacity, immunity from legal process every kind;

b) inviolability for all papers and documents;

c) exemption in respect of themselves and their spouses from immigration restrictions or aliens registration in the State which they are visiting or through which they are passing in the exercise of their functions.

Article 2

1. No administrative or other restrictions shall be imposed on the free movement of members of the Commission to and from the place of meeting of the Commission.

2. Members of the Commission shall, in the matter of customs and exchange control, be accorded:

a) by their own government, the same facilities as those accorded to senior officials travelling abroad on temporary official duty;

b) by the governements of other members, the same facilities as those accorded to representatives of foreign governments on temporary official duty.

Article 3

In order to secure for the members of the Commission complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer engaged in the discharge of such duties.

Article 4

Privileges and immunities are accorded to the members of the Commission, not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions. The Commission alone shall be competent to waive the immunity of its members; it has not only right, but is under a duty, to waive the immunity of one of its members in any case where, in its opinion, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.

Article 5

This Protocol shall be open to the signature of the members of the Council of Europe who may become Parties to it either by;

a) signature without reservation in respect of ratification or by;

b) signature with reservation in respect of ratification followed by ratification.

Instruments of ratification shall be deposited with the Secretary General of the Council of Europe.

Article 6

1. This Protocol shall enter into force as soon as three members of the Council of Europe shall, in accordance with Article 5, have signed it without reservation in respect of ratification or shall have ratified it.

2. As regards any member subsequently signing it without reservation in respect of ratification, or ratifying it, this Protocol shall enter into force at the date of signature or deposit of the instrument of ratification.

Article 7

The Secretary General of the Council of Europe shall notify members of the Council of the date of entry into force of this Protocol and shall give the names of any members who have signed it without reservation in respect of ratification or who have ratified it.

In witness whereof the undersigned, being duly authorised to that effect, have signed the present Protocol.

Done at Paris, this 15th day of December 1956, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives ot the Council of Europe. The Secretary General shall send certified copies to each of the signatory governements.

FOURTH PROTOCOL TO THE GENERAL AGREEMENT ON PRIVILEGES AND IMMUNITIES OF THE COUNCIL OF EUROPE

Provisions concerning the European Court of Human Rights

The governments signatory hereto, being members of the Council of Europe,

Considering that, under the terms of Article 59 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4th November 1950 (hereinafter referred to as „the Convention”), the members of the European Court of Human Rights (hereinafter referred to as „the Court”) are entitled, during the discharge of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the Agreements made thereunder,

Considering that it is necessary to specify and define the said privileges and immunities in a Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, signed at Paris on 2nd September 1949,

Have agreed as follows:

Article 1

For the purposes of this Protocol, the term „judges” means judges elected in accordance with Article 39 of the Convention as well as any ad hoc judge appointed by a State party concerned in pursuance of Article 43 of the Convention.

Article 2

The judges shall, while exercising their functions and during journeys made in the exercise of their functions, enjoy the following privileges and immunities:

a) immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their official capacity, immunity from legal process of every kind;

b) exemption in respect of themselves and their spouses as regards any restrictions on their freedom of movement on exit from and return to their country of residence, and entry into and exit from the country in which they exercise their functions; and from aliens' registration in the country which they are visiting or through which they are passing in the exercise of their functions.

Article 3

In the course of journeys undertaken in the exercise of their functions, the judges shall, in the matter of customs and exchange control, be accorded:

a) by their own government the same facilities as those accorded to senior government officials travelling abroad on temporary official duty;

b) by the governments of other members, the same facilities as those accorded to heads of diplomatic missions.

Article 4

1. Documents and papers of the Court, judges and Registry, in so far as they relate to the business of the Court, shall be inviolable.

2. The official correspondence and other official communications of the Court, its members and the Registry may not be held up or subjected to censorship.

Article 5

In order to secure for the judges complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer engaged in the discharge of such duties.

Article 6

Privileges and immunities are accorded to judges not for the personal benefit of the individuals themselves but in order to safeguard the independent exercise of their functions. The Court alone, sitting in plenary session, shall be competent to waive the immunity of judges; it has not only the right, but is under a duty, to waive the immunity of a judge in any case where, in its opinion, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.

Article 7

1. The provisions of Articles 2 to 5 this Protocol shall apply to the Registrar of the Court and to the Deputy Registrar when he is acting as the Registrar, without prejudice to any privileges and immunities to which they may be entitled under Article 18 of the General Agreement on Privileges and Immunities of the Council of Europe.

2. The provisions of Article 18 of the General Agreement on Privileges and Immunities of the Council of Europe shall apply to the Deputy Registrar of the Court in respect of his services as such when he is not acting as Registrar.

3. The privileges and immunities referred to in parapraphs 1 and 2 of this article are accorded to the Registrar and Deputy Registrar, not for the personal benefit of the individuals themselves but to facilitate the discharge of their duties. The Court alone, sitting in plenary session, shall be competent to waive the immunity of its Registrar and Deputy Registrar, it has not only the right, but is under a duty, to waive such immunity in any case where, in its opinion, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.

Article 8

1. Any State may, at the time of its signature without reservation in respect of ratification, of its ratification or at any time thereafter, declare, by notification addressed to the Secretary General of the Council of Europe, that the present Protocol shall extend to all or any of the territories for whose international relations it is responsible and where, according to Article 63 ot the Convention for the Protection of Human Rights and Fundamental Freedoms, the said Convention applies.

2. The Protocol shall extend to the territory or territories named in the notification as from the thirtieth day after the receipt of this notification by the Secretary General of the Council of Europe.

Article 9

This Protocol shall be open to the signature on the members of the Council of Europe who may become parties to it either by:

a) signature without reservation in respect of ratification, or by

b) signature with reservation in respect of ratification followed by ratification.

Instruments of ratification shall be deposited with the Secretary General of the Council of Europe.

Article 10

1. This Protocol shall enter into force as soon as three members of the Council of Europe shall, in accordance with Article 9, have signed it without reservation in respect of ratification or shall have ratified it.

2. As regards any member subsequently signing it without reservation in respect of ratification, or ratifying it, this Protocol shall enter into force at the date of signature, of deposit of the instrument of ratification.

Article 11

The Secretary General of the Council of Europe shall notify members of the Council of:

a) the names of signatories and the deposit of any instrument of ratification;

b) the date of entry into force of this Protocol.

In witness whereof the undersigned, being duly authorised to that effect, have signed the present Protocol.

Done at Paris, this 16th day of December 1961, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall send certified copies to each of the signatory governments.

FIFTH PROTOCOL TO THE GENERAL AGREEMENT ON PRIVILEGES AND IMMUNITIES OF THE COUNCIL OF EUROPE

The member States of the Council of Europe, signatories hereto,

Considering that, under the terms of Article 59 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as „the Convention”), signed at Rome on 4 November 1950, the members of the European Commission of Human Rights (hereinafter referred to as „the Commission”) and of the European Court of Human Rights (hereinafter referred to as „the Court”) are entitled, during the discharge of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the Agreements made thereunder,

Recalling that the said privileges and immunities have been specified and defined in the Second and Fourth Protocols, signed at Paris on 15 December 1956 and 16 December 1961 respectively, to the General Agreement on Privileges and Immunities of the Council of Europe, signed at Paris on 2 September 1949,

Considering that it is necessary, in the light of changes in the operation of the Convention's control machinery, to supplement the above-mentioned General Agreement by another Protocol,

Have agreed as follows:

Article 1

1. Members of the Commission and members of the Court shall be exempt from taxation on salaries, emoluments and allowances paid to them by the Council of Europe.

2. The term „members of the Commission and members of the Court” includes members who, after having been replaced, continue to deal with cases which they already have under consideration as well as any ad hoc judge appointed in pursuance of the provisions of the Convention.

Article 2

1. This Protocol shall be open for signature by the member States of the Council of Europe, which may express their consent to be bound by:

a) signature without reservation as to ratification, acceptance or approval, or

b) signature subject to ratification, acceptance or approval, followed by ratification acceptance or approval.

2. No member State of the Council of Europe shall sign without reservation as to ratification, ratify, accept or approve this Protocol unless it has already ratified, or simultaneously ratifies, the General Agreement on Privileges and Immunities of the Council of Europe.