
Agreement of Madrid of 12 May 2009
The Conference of High Contracting Parties agreed by consensus that the provisions regarding the new single-judge formation and the new competence of the Committees of three judges contained in Protocol No. 14 to the European Convention on Human Rights are to be applied on a provisional basis with respect to those states that express their consent, according to the modalities set out in document CM(2009)71 rev2.
Detailed modalities for the provisional application of certain provisions of Protocol No. 14 to the European Convention on Human Rights, as they appear in document Doc CM(2009)71 rev2
If agreement were to be reached by consensus between the High Contracting Parties, the provisional application in accordance with Article 25 of the Vienna Convention on the Law of Treaties of certain provisions of Protocol No. 14 to the Convention would take place in the following manner:
a. the relevant parts of Protocol No. 14 are Article 4 (the second paragraph added to Article 24 of the Convention), Article 6 (in so far as it relates to the single-judge formation), Article 7 (provisions on the competence of single judges) and Article 8 (provisions on the competence of committees), to be applied jointly;
b. any of the High Contracting Parties may at any time declare by means of a notification addressed to the Secretary General of the Council of Europe that it accepts, in its respect, the provisional application of the above-mentioned parts of Protocol No. 14. Such declaration of acceptance will take effect on the first day of the month following the date of its receipt by the Secretary General of the Council of Europe; the above-mentioned parts of Protocol No. 14 will not be applied in respect of Parties that have not made such a declaration of acceptance;
c. from the date on which the declaration of acceptance takes effect in respect of a High Contracting Party, the above-mentioned parts of Protocol No. 14 will apply in respect of individual applications brought against it, including those pending before the Court at that date. They will not apply in respect of any individual application brought against two or more High Contracting Parties unless a declaration of acceptance is in effect or Protocol No. 14 bis, if adopted and opened for signature, is in force or applied on a provisional basis in respect of all of them;
d. the Secretary General of the Council of Europe will notify the High Contracting Parties and the European Court of Human Rights of any declaration of acceptance received pursuant to the agreement. Such a declaration will cease to be effective upon the entry into force of Protocol No. 14 bis to the Convention in respect of the High Contracting Party concerned;
e. the provisional application of the above-mentioned provisions of Protocol No. 14 will terminate upon entry into force of Protocol No. 14 or if the High Contracting Parties in some other manner so agree.
List of the High Contracting Parties having accepted the provisional application of certain provisions of Protocol No. 14
| High Contracting Parties to the Convention |
Date of acceptance |
Date of effect |
End of effect |
|
| Albania | 16/09/2009 | 01/10/2009 | Text | 01/06/2010 |
| Andorra | ||||
| Armenia | ||||
| Austria | ||||
| Azerbaijan | ||||
| Belgium | 29/07/2009 | 01/08/2009 | Text | 01/06/2010 |
| Bosnia and Herzegovina | ||||
| Bulgaria | ||||
| Croatia | ||||
| Cyprus | ||||
| Czech Republic | ||||
| Denmark | ||||
| Estonia | 30/07/2009 | 01/08/2009 | Text | 01/06/2010 |
| Finland | ||||
| France | ||||
| Georgia | ||||
| Germany | 29/05/2009 | 01/06/2009 | Text | 01/06/2010 |
| Greece | ||||
| Hungary | ||||
| Iceland | ||||
| Ireland | ||||
| Italy | ||||
| Latvia | ||||
| Liechtenstein | 24/08/2009 | 01/09/2009 | Text | 01/06/2010 |
| Lithuania | ||||
| Luxembourg | 09/06/2009 | 01/07/2009 | Text | 01/06/2010 |
| Malta | ||||
| Moldova | ||||
| Monaco | ||||
| Montenegro | ||||
| Netherlands | 10/06/2009 | 01/07/2009 | Text | 01/06/2010 |
| Norway | ||||
| Poland | ||||
| Portugal | ||||
| Romania | ||||
| Russia | ||||
| San Marino | ||||
| Serbia | ||||
| Slovakia | ||||
| Slovenia | ||||
| Spain | 22/10/2009 | 01/11/2009 | Text | 01/06/2010 |
| Sweden | ||||
| Switzerland | 12/05/2009 | 01/06/2009 | Text | 01/06/2010 |
| "The former Yugoslav Republic of Macedonia" | ||||
| Turkey | ||||
| Ukraine | ||||
| United Kingdom | 30/06/2009 | 01/07/2009 | Text | 01/06/2010 |