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Council of Europe: Explanatory Report and Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Restructuring the Control Machinery Established Thereby

Published online by Cambridge University Press:  27 February 2017

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Type
Treaties and Agreements
Information
International Legal Materials , Volume 33 , Issue 4 , July 1994 , pp. 943 - 967
Copyright
Copyright © 1994

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Footnotes

*

[Reproduced with the permission of the Council of Europe from the 52-page Treaties and Reports booklet entitled “Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms and explanatory report”. International Legal Materials has placed the explanatory report, prepared by the Committee of Experts and transmitted to the Committee of Ministers of the Council of Europe, before the Protocol so that the background information precedes the text.

[Signatories to the Protocol appear at 33 I.L.M. 1064 (1994).]

References

1 For further details consult the Council of Europe document entitled “Reform of the control system of the European Convention on Human Rights”, doc. H (92) 14 (also published in Vol. 14 Human Rights Law Journal (H.R.U.), 1993, pp. 3148).

2 See European Convention on Human Rights. Collected Texts (1994), passim

3 It was not considered appropriate for the individual applicant himself to be allowed to refer the case to the Court (see further the Collected Edition of the Travaux Preparatories of the Convention, Volume IV, page 44). Cf Protocol No. 9 to the Convention.

4 The DHPR Committee is now called “Committee of Experts for the Improvement of Procedure for the Protection of Human Rights” (see para. 5 above).

5 See “Merger of the European Commission and European Court of Human Rights”, in Vol. 8 H.R.L.J.,1987, pp. 1244, for the colloquy's proceedings. See also Recommen dation 1087 (1988) of the Parliamentary Assembly, adopted on 7 October 1988.

6 Also published in Vol. 14 H.R.L.J., see footnote 1

7 See doc. H (93) 14, pp. 2027 (also published in Vol. 14 H.R.L.J., see footnote 1).

8 For a detailed description of the Dutch and Swedish proposals, see note 1 above, at pp. 2840 (As to the views of the members of the Court and the Commission, see pp. 4148)