Lista delle dichiarazioni formulate in relazione al trattato no. 009

Protocollo addizionale alla Convenzione per la salvaguardia dei Diritti dell'Uomo e delle Libertà fondamentali

Situazione in data del : 29/7/2014

 

    Andorra :


Declaration contained in the instrument of ratification deposited on 6 May 2008 - Or. Fr.

Considering the historical reality of the principality of Andorra, of Catholic tradition, with a Coprince being a bishop since the XIIIth century, the actual legislation on education (Article 30, paragraph 3, of the Constitution of the principality of Andorra; Article 10 of the Organic Law on education and Article 19 of the Law on the prioritization of the Andorran instructive system) allows to give Catholic religion lessons in all educational centres, on an optional basis, outside the scholastic timetable. Other religions can offer their study in the educational centres, outside the scholastic timetable, with the approval of the Government and the education representatives and without implicating public expenditures.
Periodo di efficacia : 6/5/2008 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2

 

    Austria :


Reservation contained in the instrument of ratification, deposited on 3 September 1958 - Or. Germ.

... being desirous of avoiding any uncertainty concerning the application of Article 1 of the Protocol in connection with the State Treaty of 15 May 1955 for the Restoration of an Independent and Democratic Austria, (the Federal President) declares the Protocol ratified with the reservations that there shall be no interference with the provisions of Part IV "Claims arising out of the War" and Part V "Property, Rights and Interests" of the above-mentioned State Treaty.
Periodo di efficacia : 3/9/1958 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 1

 

    Azerbaijan :


Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Periodo di efficacia : 15/4/2002 -         
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : -


Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it interprets the second sentence of Article 2 of the Protocol in the sense that this provision does not impose on the State any obligation to finance religious education.
Periodo di efficacia : 15/4/2002 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2

 

    Bulgaria :


Reservation contained in the instrument of ratification, deposited on 7 September 1992 - Or. Fr.

The terms of the second provision of Article 1 of the Protocol shall not affect the scope or content of Article 22, paragraph 1, of the Constitution of the Republic of Bulgaria, which states that : "No foreign physical person or foreign legal entity shall acquire ownership over land, except through legal inheritance. Ownership thus acquired shall be duly transferred."
Periodo di efficacia : 7/9/1992 -         
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 1


Declaration contained in the instrument of ratification, deposited on 7 September 1992 - Or. Fr.

The second provision of Article 2 of the Protocol must not be interpreted as imposing on the State additional financial commitments relating to educational establishments with a specific philosophical or religious orientation other than the commitments of the Bulgarian State provided for in the Constitution and in legislation in force in the country.
Periodo di efficacia : 7/9/1992 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2

 

    Estonia :


Reservation contained in the instrument of ratification, deposited on 16 April 1996 - Or. Engl.

The Estonian Rigikogu made a reservation according to which after restoring her independence, Estonia started large-scale economic and social reforms, which have encompassed the restoration or compensation to previous owners or their heirs property which was nationalised or otherwise unlawfully expropriated during the period of Soviet annexation; the restructuring of collectivised agriculture and privatisation of state owned property.

In accordance with Article 64 of the Convention, the Republic of Estonia declares that the provisions of Article 1 of the First Protocol shall not apply to the laws on property reform which regulate the restoration or compensation of property nationalised, confiscated, requisitioned, collectivised or otherwise unlawfully expropriated during the period of Soviet annexation; the restructuring of collectivised agriculture and privatisation of state owned property. The reservation concerns the Principles of the Property Reform Act (published in Riigi Teataja [State Gazette] 1991, 21, 257; RT I 1994, 38, 617; 40, 653; 51, 859; 94, 1609), the Land Reform Act (RT 1991, 34, 426; RT I 1995,, 10, 113), the Agricultural Reform Act (RT 1992, 10, 143; 36, 474; RT I 1994, 52, 880), the Privatisation Act (RT I 1993, 45, 639; 1994, 50, 846; 79, 1329; 83, 1448; 1995, 22, 327; 54, 881; 57, 979), the Dwelling Rooms Privatisation Act (RT I 1993, 23, 411; 1995, 44, 671; 57, 979; 1996, 2, 28), the Act on Evaluation and Compensation of Unlawfully Expropriated Property (RT I 1993, 30, 509; 1994, 8, 106; 51, 859; 54, 905; 1995, 29, 357), the Act on Evaluation of Collectivised Property (RT I 1993, 7, 104) and their wording being in force at the moment of the Ratification Act entered into force.
Periodo di efficacia : 16/4/1996 -         
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 1


Declaration contained in a letter from the Minister of Foreign Affairs of Estonia, dated 12 April 1996, handed to the Secretary General at the time of deposit of the instrument of ratification, on 16 April 1996 - Or. Engl.

In addition to the reservation to Article 1 of the First Protocol, made in accordance with Article 64 of the Convention, the Republic of Estonia hereby gives a brief summary of the laws mentioned in the reservation.
The Principles of the Property Reform Act provides that the objective of property reform is the restructuring of property relationships to secure proprietary integrity and free enterprise, to remedy the injustices done by violations of the right to property and to provide prerequisites for a switch to a market oriented economy. In the course of property reform, property will be compensated for or returned to the former owners or their legal heirs. Herewith other people's interests which are protected by law must not be violated nor new injustices be caused to them.
In the course of property reform, property unlawfully expropriated during the period of June 16, 1940 to June 1, 1981 by means of nationalisation, collectivisation or expropriation through unlawful repression or other means violating the rights of the owner, will be returned or compensated.
In the course of property reform, the form of ownership will be changed as follows:
1. some of the state-owned property will be municipalised without charge;
2. state-owned or municipally-owned property will be privatised free of charge or for remuneration;
3. property which was transferred free of charge by the state (during the Soviet annexation) to cooperatives, state-cooperatives and communal organisations, will be returned to the Republic of Estonia.
The procedure of restoration and compensation of unlawfully expropriated property is regulated by laws and other legal acts.

The Land Reform Act establishes that land reform is a part of property reform and its objective is to restructure legal relationships based on state-owned land to relationships based on private land, proceeding from the continuity of the rights of the former owners and the interests of the present land-users as protected by law.
In the course of the land reform, land:
1. unlawfully expropriated will be compensated, substituted by or returned to the former owners or their legal heirs;
2. will be given with or without charge into the possession of private-law persons, public-law persons or municipal entities;
3. that is to remain in the state possession will be decided upon;
4. will be transferred for use by private or legal persons by contract or along with the building title.
Land that is not returned, nor substituted, nor left in state possession, nor given to municipal possession under the present law, will be privatised.

The Agricultural Reform Act provides that agricultural reform proceeds from the Principles of the Property Reform Act. In the course of agricultural reform, collectivised property will be returned or compensated for and the collective unit will be reorganised or liquidated. Evaluation of the collectivised property is carried out in accordance with the Act on Evaluation of Collectivised Property. In the course of agricultural reform the transformation of the agricultural sector is principally aimed towards farming and enterprise based on private ownership.

The Privatisation Act provides that the property of state-owned or municipally-owned enterprises, institutions and organisations may be privatised under the conditions and rules set out by law. The Privatisation Agency regulates privatisation of state property and fulfilment of other tasks deriving from the property reform.

The Privatisation Act is not applied to the privatisation of dwelling rooms in the possession of the state or municipalities, nor to non-dwelling rooms located in dwelling houses, nor to the property of cooperatives referred to in the Agricultural Reform Act.

The Dwelling Rooms Privatisation Act provides that natural persons and legal persons will be given the opportunity to acquire the dwelling rooms they are renting, uninhabited dwelling rooms, thus providing for better care and preservation of the dwelling houses.

The Act on Evaluation and Compensation of Unlawfully Expropriated Property defines the foundations and rules, as well as the means and scope of compensation, for determining the price of unlawfully expropriated property dealt with under the property reform.

The Act on Evaluation of Collectivised Property provides the procedure and grounds for determining the price of property as required for the compensation of collectivised property in accordance with Article 14 of the Principles of Property Reform Act which deals with the return and compensation of collectivised property, and Article 9 of the Agricultural Reform Act that deals with loans and other material obligations of the collective economic unit.
Periodo di efficacia : 16/4/1996 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 1

 

    Ex-Repubblica Jugoslava di Macedonia :


Reservation contained in the instrument of ratification, deposited on 10 April 1997 - Or. Eng.

In accordance with Article 64 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Republic of Macedonia makes the following reservation with regard to the right guaranteed by Article 2 of the Protocol to the abovementioned Convention:

Pursuant to Article 45 of the Constitution of the Republic of Macedonia, the right of parents to ensure education and teaching in conformity with their own religious and philosophical convictions cannot be realised through primary private education, in the Republic of Macedonia.

Article 45 of the Constitution reads as follows:
"Citizens have a right to establish private schools at all levels of education, with the exception of primary education, under conditions determined by law".
Periodo di efficacia : 10/4/1997 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2

 

    Francia :


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

In depositing this instrument of ratification, the Government of the Republic declares that the Protocol shall apply to the whole territory of the Republic, having due regard, where the overseas territories are concerned, to local requirements, as mentioned in Article 63 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Periodo di efficacia : 3/5/1974 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 4

 

    Georgia :


Declaration contained in the instrument of ratification deposited on 7 June 2002 - Or. Engl./Geo.

Georgia declares, that due to the existing situation in Abkhazia and Tskhinvali region, Georgian authorities are unable to undertake commitments concerning the respect and protection of the provisions of the Convention and its Additional Protocols on these territories. Georgia therefore declines its responsibility for violations of the provisions of the Protocol by the organs of self-proclaimed illegal forces on the territories of Abkhazia and Tskhinvali region until the possibility of realization of the full jurisdiction of Georgia is restored over these territories.
Periodo di efficacia : 7/6/2002 -         
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : -


Reservation contained in the instrument of ratification deposited on 7 June 2002 - Or. Engl./Geo.

The Parliament of Georgia declares that:

1. Article 1 of the Protocol shall not apply to persons who have or will obtain status of “internally displaced persons” in accordance with “the Law of Georgia on Internally Displaced Persons” until the elimination of circumstances motivating the granting of this status (until the restoration of the territorial integrity of Georgia). In accordance with the aforementioned law, Georgia assumes responsibility to ensure the exercise of rights over property that exist on the place of permanent residence of internally displaced persons after the reasons mentioned in Article 1, paragraph 1, of this law have been eliminated.

2. Article 1 of the Protocol shall be applied to the operational sphere of “the Law of Georgia on the Ownership of Agricultural Land” in accordance with the requirements of Articles 4, 8, 15 and 19 of this Law.

3. Article 1 of the Protocol shall be applied within the limits of Articles 2 and 3 of the Law of Georgia on Transference into Private Property of the Non-Agricultural Lands Being in Possession of Natural Persons and Legal Persons of Private Law”.

4. Article 1 of the Protocol shall be applied within the limits of the “Law of Georgia on Privatisation of the State Property”.

5. With regard to the compensation of pecuniary assets placed on accounts of the former Georgian public-commercial banks, Article 1 of the Protocol shall be applied within the limits of the normative act adopted in pursuance of the Decree No. 258 of the President of Georgia of 2 July 2001.
Periodo di efficacia : 7/6/2002 -         
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 1


Reservation contained in the instrument of ratification deposited on 7 June 2002 - Or. Engl./Geo.

Georgia declares that it interprets Article 2 of the Protocol as not imposing on the State additional financial commitments relating to special educational establishments (with a specific philosophical or religious orientation) other than those provided by the legislation of Georgia.
Periodo di efficacia : 7/6/2002 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2

 

    Germania :


Declaration made at the time of ratification, on 13 February 1957 - Or. Germ.

The Federal Republic of Germany adopts the opinion according to which the second sentence of Article 2 of the (First) Protocol entails no obligation on the part of the State to finance schools of a religious or philosophical nature, or to assist in financing such schools, since this question, as confirmed by the concurring declaration of the Legal Committee of the Consultative Assembly and the Secretary General of the Council of Europe, lies outside the scope of the Convention for the Protection of Human Rights and Fundamental Freedoms and of its Protocol.
Periodo di efficacia : 13/2/1957 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2

 

    Gran Bretagna :


Reservation made at the time of signature, on 20 March 1952 - Or. Engl.

At the time of signing the present (First) Protocol, I declare that, in view of certain provisions of the Education Acts in the United Kingdom, the principle affirmed in the second sentence of Article 2 is accepted by the United Kingdom only so far as it is compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure.
Periodo di efficacia : 18/5/1954 -         
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2


Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 22 February 1988, registered at the Secretariat General on 25 February 1988 - Or. Engl.

In accordance with Article 4 of the said Protocol I hereby declare, on behalf of the Government of the United Kingdom, that the Protocol shall apply to:

The Bailiwick of Guernsey
The Bailiwick of Jersey
Anguilla
British Virgin Islands
Cayman Islands
Gibraltar
Montserrat
St. Helena, Ascension and Tristan da Cunha (*)
Turks and Caicos Islands,

being territories for whose international relations the Government of the United Kingdom are responsible.

[(*) Note by the Secretariat: See the communication from the Permanent Representative of the United Kingdom, dated 18 November 2009, registered at the Secretariat General on 19 November 2009 – Or. Engl. ]
Periodo di efficacia : 26/3/1988 -         
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : -


Reservation contained in a letter from the Permanent Representative of the United Kingdom, dated 22 February 1988, registered at the Secretariat General on 25 February 1988 - Or. Engl.

Concerning Guernsey and Gibraltar : in view of certain provisions of the Education (Guernsey) Laws and of the Education Ordinance of Gibraltar, the principle affirmed in the second sentence of Article 2 is accepted by the United Kingdom only so far as it is compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure in Guernsey and Gibraltar.
Periodo di efficacia : 26/3/1988 -         
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2


Reservation contained in a letter from the Permanent Representative of the United Kingdom, dated 22 February 1988, registered at the Secretariat General on 25 February 1988 - Or. Engl.

Concerning the following territories for whose international relations the Government of the United Kingdom are responsible : the principle affirmed in the second sentence of Article 2 is accepted by the United Kingdom only insofar as it does not affect the application of the following legal provisions:

i. the common law of Anguilla which permits the imposition by teachers of moderate and reasonable corporal punishment;
ii. section 26 of the Education Act 1977 of the British Virgin Islands (which permits the administration of corporal punishment to a pupil only where no other punishment is considered suitable or effective and only by the principal or any teacher appointed by the principal for that purpose);
iii. section 30 of the Education Law 1983 of the Cayman Islands (which permits the administration of corporal punishment to a pupil only where no other punishment is considered suitable or effective and only by the principal or any teacher appointed in writing by him for that purpose);
iv. the common law of Montserrat which permits the imposition by teachers of moderate and reasonable corporal punishment;
v. the law of St. Helena, which permits the administration by teachers of reasonable corporal punishment; and section 6 of the Children and Young Persons Ordinance 1965 of St. Helena (which states that the right of a teacher to administer such punishment is not affected by the provisions of that section which relate to the offence of cruelty to children);
vi. the law of Ascension and Tristan da Cunha (*), which permits the administration by teachers of reasonable corporal punishment; and section 6 of the Children and Young Persons Ordinance 1965 of St. Helena (which states that the right of a teacher to administer such punishment is not affected by the provisions of that section which relate to the offence of cruelty to children);
vii. the common law of the Turks and Caicos Islands which permits the administration by teachers of reasonable corporal punishment; and section 5 of the Juveniles Ordinance (Chapter 28) of the Turks and Caicos Islands (which states that the right of a teacher to administer such punishment is not affected by the provisions of that section which relate to the offence of cruelty to juveniles).

[(*) Note by the Secretariat: See the communication from the Permanent Representative of the United Kingdom, dated 18 November 2009, registered at the Secretariat General on 19 November 2009 – Or. Engl. ]
Periodo di efficacia : 26/3/1988 -         
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2


Reservation contained in a letter from the Permanent Representative of the United Kingdom, dated 9 October 2001, registered at the Secretariat General on 10 October 2001 - Or. Engl.

In view of certain provisions of Education Act 2001 (of Tynwald) or, until the comint into operation of that Act, the Isle of Man Education Act 1949, the principle affirmed in the second sentence of Article 2 is accepted by the United Kingdom only so far as it is compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure in the Isle of Man.
Periodo di efficacia : 10/10/2001 -         
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 4


Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 9 October 2001, registered at the Secretariat General on 10 October 2001 – Or. Engl.

In accordance with Article 4 of the Protocol, the Government of the United Kingdom declares that the Protocol shall apply to the Isle of Man being a territory for whose international relations the Government of the United Kingdom is responsible.
Periodo di efficacia : 10/10/2001 -         
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : -


Communication contained in a letter from the Permanent Representative of the United Kingdom, dated 18 November 2009, registered at the Secretariat General on 19 November 2009 – Or. Engl.

I have the honour to inform you that, pursuant to the St Helena, Ascension and Tristan da Cunha Constitution Order 2009 (United Kingdom Statutory Instrument 2009/1751), the name of the British overseas territory formerly called "St Helena and Dependencies" has been changed to "St Helena, Ascension and Tristan da Cunha". The status of the territory as a British overseas territory is unchanged, and accordingly the United Kingdom remains responsible for its external relations. To the extent that treaties extend to St Helena and Dependencies, they continue to extend to St Helena, Ascension and Tristan da Cunha.
Periodo di efficacia : 19/11/2009 -         
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : -


Declaration contained in a letter from the Permanent Representative of the United Kingdom dated 19 December 2012, registered at the Secretary General on 19 December 2012 – Or. Engl.

On 15 October 2012, the new constitution of the Turks and Caicos Islands came into force. Elections were held on 9 November 2012: there was an 84% turnout of voters. International election observers concluded that the process was transparent, accountable and that the results reflected the will of the people.

In light of these welcome and significant developments, in accordance with Article 4 of Protocol No. 1, the United Kingdom now ends its withdrawal of the application of Article 3 of Protocol No. 1 to the Turks and Caicos Islands, such as that the Article 3 of the Protocol No. 1 will once again apply there.
Periodo di efficacia : 19/12/2012 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 4

 

    Irlanda :


Declaration contained in the instrument of ratification, deposited on 25 February 1953 - Or. Engl.

At the time of signing the (First) Protocol the Irish Delegate puts on record that, in the view of the Irish Government, Article 2 of the Protocol is not sufficiently explicit in ensuring to parents the right to provide education for their children in their homes or in schools of the parents' own choice, whether or not such schools are private schools or are schools recognised or established by the State.
Periodo di efficacia : 25/2/1953 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2

 

    Lettonia :


Reservation contained in a Note Verbale from the Minister of Foreign Affairs of Latvia, dated 25 June 1997, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 27 June 1997 - Or. Engl.

In accordance with Article 64 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the Republic of Latvia declares that the provisions of Article 1 of the First Protocol shall not apply to the laws on property reform which regulate the restoration or compensation to the former owners or their legal heirs of property nationalised, confiscated, collectivised or otherwise unlawfully expropriated during the period of Soviet annexation; and privatisation of collectivised agricultural enterprises, collective fisheries and of State and local self-government owned property.

The reservation concerns the Law On Land Reform in the Republic of Latvia Rural Regions (published in Zinotajs [The Bulletin] 1990, No. 49; 1991, No. 41; 1992, No. 6/7; 1992, No. 11/12; 1993, No. 18/19; Latvijas Vestnesis [The Latvian Herald] 1994, No. 137), Law On Privatisation of Agricultural Enterprises and Collective Fisheries (Zinotajs 1991, No. 31; 1992, No. 40/41; 1993, No. 5/6; Latvijas Vestnesis 1995, No. 90; 1996, No. 177), Law On Land Reform in the Republic of Latvia Cities (Zinotajs 1991, No. 49/50; Latvijas Vestnesis 1994, No. 47; 1994, No. 145; 1995, No. 169; 1997, No. 126/127), Law On Land Privatisation in Rural Regions (Zinotajs 1992, No. 32; 1993, No. 18/19; Latvijas Vestnesis 1993, No. 130; 1994, No. 148; 1995, No. 162; 1996, No. 111; 1996, No. 225), Law On Privatisation of Property in Agroservice Enterprises (Zinotajs 1993, No. 14), Law On Privatisation Certificates (Latvijas Vestnesis 1995, No. 52), Law On the Privatisation of Objects of State and Municipal Property (Latvijas Vestnesis 1994, No. 27; 1994, No. 77; 1996, No. 192; 1997, No. 16/17/18/19/20/21), Law On Privatisation of Co-operative Apartments (Zinotajs 1991, No. 51; Latvijas Vestnesis 1995, No. 135), Law On the Privatisation of State and Local Self-Government Apartment Houses (Latvijas Vestnesis 1995, No. 103; 1996, No. 149; 1996, No. 223), Law On Denationalisation of Real Estate in the Republic of Latvia (1991, No. 46; Latvijas Vestnesis 1994, No. 42; 1994, No. 90; 1995, No. 137; 1996, No. 219/220), Law On the Return of Real Estate to the Legitimate Owners (Zinotajs 1991, No. 46; Latvijas Vestnesis 1994, No. 42; 1996, No. 97) and their wording being in force at the moment the Law On Ratification entered into force.

Annex to the reservation contained in a Note Verbale from the Minister of Foreign Affairs of Latvia, dated 25 June 1997, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 27 June 1997 - Or. Engl.

In addition to the reservation to Article 1 of the First Protocol, made in accordance with Article 64 of the Convention, the Republic of Latvia hereby gives a brief summary of the laws concerned.

The goal of the Law On Land Reform in the Republic of Latvia Rural Regions is to allocate the land for paying use to natural persons and legal persons and to renew to the Republic of Latvia citizens, who desire so, the land ownership rights in the procedure stipulated by law or to deliver the land into ownership without compensation or for pay.

The Law On Privatisation of Agricultural Enterprises and Collective Fisheries regulates privatisation of agricultural enterprises and collective fisheries. The objective of the Law is to decrease sequels of unlawful methods of collectivisation changing the forms of property in agricultural enterprises and collective fisheries as well as to promote the process of privatisation in agriculture and development of private entrepreneurial activity.

The aim of the Law On Land Reform in the Republic of Latvia Cities, during the gradual process of State property denationalisation, conversion, privatisation and the return of unlawfully expropriated land, is to restructure the legal, social and economic relations between city land owners and users in order to promote the respective city's construction, land protection and its rational utilisation in accordance with the interests of society.

The main objectives of the Law On Land Privatisation in Rural Regions are:
1. to create a basis and guarantees for agricultural development;
2. to renew land ownership rights to the former landowners who owned the land on July 21, 1940 or their heirs; and
3. to give the land into ownership of the Republic of Latvia citizens for compensation.

The Law On Privatisation of Property in Agroservice Enterprises regulates the change of ownership rights on property under the use and disposal of agroservice enterprises. The main objective of the Law is to promote the development of entrepreneurial activity in this branch by property privatisation, and to create conditions for organisation of the system for protection of the interests of agricultural producers on the basis of co-operation and competition.

The Law establishes the rights of the State and local self-governments, agricultural producers and employees of an enterprise, as well as of other natural persons and legal persons, and the procedure by which the ownership rights on the property under use and disposal of agroservice enterprise shall be obtained or specified.

The goal of the Law On Privatisation Certificates is to establish a legal basis for most of Latvia's residents to participate in the process of privatisation of State and local self-government owned property, using privatisation certificates as form of payment.

Certificates are issued to Latvia's residents according to the years of residence in Latvia. Additional certificates can be issued to former owners or their heirs, as compensation for illegally nationalised real estate which cannot be returned; politically repressed persons who are recognised as such, according to the Republic of Latvia Law of May 13, 1992 "On the Determination of the Status of a Politically Repressed Person", corresponding to time of imprisonment, deportation or time of settling.

The Law On the Privatisation of Objects of State and Municipal Property determines the procedure for privatisation of objects of State and local self-government property, as far as it is not regulated by other laws, as well as the establishment and operational principles of the Latvian Privatisation Agency.

The Law On Privatisation of Co-operative Apartments establishes the legal basis for the privatisation of the co-operative dwelling fund of house-building co-operatives in the territory of the Republic of Latvia. Apartments in large dwelling houses owned by house-building co-operatives shall be considered as the object of privatisation.

The Law On the Privatisation of State and Local Self-Governments Apartment Houses establishes the procedure for privatising State and local self-government apartment houses, and the goal is to develop the real estate market and stimulate the upkeep of apartment houses, while protecting the interests of residents.

The Law On Denationalisation of Real Estate defines the real estate which can be denationalised, fixes the terms and procedure of denationalisation, the form of compensation and social guarantees of present tenants.

The Law On the Return of Real Estate to the Legitimate Owners guarantees that the real estate which has been expropriated by the State in the 1940s-1980s without compensation will be returned to the former owners or their legal heirs.
Periodo di efficacia : 27/6/1997 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 1

 

    Lussemburgo :


Reservation made at the time of deposit of the instrument of ratification, on 3 September 1953 - Or. Fr.

The Government of the Grand Duchy of Luxembourg, having regard to Article 64 of the Convention and desiring to avoid any uncertainty as regards the application of Article 1 of the Protocol in relation to the Luxembourg Law of 26 April 1951 concerning the liquidation of certain ex-enemy property, rights and interests subject to measures of sequestration, makes a reservation relating to the provisions of the above-mentioned Law of 26 April 1951.
Periodo di efficacia : 18/5/1954 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 1

 

    Malta :


Declaration made at the time of signature, on 12 December 1966, and contained in the instrument of ratification deposited on 23 January 1967 - Or. Engl.

The Government of Malta, having regard to Article 64 of the Convention, declares that the principle affirmed in the second sentence of Article 2 of the Protocol is accepted by Malta only in so far as it is compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure, having regard to the fact that the population of Malta is overwhelmingly Roman Catholic.
Periodo di efficacia : 23/1/1967 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2

 

    Moldavia :


Declaration contained in the instrument of ratification, deposited on 12 September 1997 - Or. Mol./Fr.

The Republic of Moldova interprets the provisions set out in the second sentence of Article 2 of the first Additional Protocol as precluding additional financial obligations for the State in respect of philosophically or religiously oriented schools, other than those provided for in domestic legislation.
Periodo di efficacia : 12/9/1997 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2

 

    Paesi Bassi :


Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 29 November 1955, handed to the Secretary General at the time of deposit of the instrument of ratification, on 31 August 1954 - Or. Fr.

In the opinion of the Netherlands Government, the State should not only respect the rights of parents in the matter of education but, if need be, ensure the possibility of exercising those rights by appropriate financial measures.
Periodo di efficacia : 31/8/1954 -         
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2


Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 29 November 1955, handed to the Secretary General at the time of deposit of the instrument of ratification, on 31 August 1954 - Or. Fr.

The Protocol shall apply to Surinam and the Netherlands Antilles.
Note from the Secretariat : the Protocol no longer applies to Surinam since this territory became independent on 25 November 1975.
Periodo di efficacia : 31/8/1954 -         
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 4


Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 24 December 1985, registered at the Secretariat General on 3 January 1986 - Or. Engl.

The island of Aruba, which is at present still part of the Netherlands Antilles, will obtain internal autonomy as a country within the Kingdom of the Netherlands as of 1 January 1986. Consequently the Kingdom will from then on no longer consist of two countries, namely the Netherlands (the Kingdom in Europe) and the Netherlands Antilles (situated in the Caribbean region), but will consist of three countries, namely the said two countries and the country Aruba.

As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.

Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.

List of Conventions referred to by the Declaration
......
9 Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms (1952).
......
Periodo di efficacia : 1/1/1986 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 4

 

    Romania :


Declaration contained in the instrument of ratification, deposited on 20 June 1994 - Or. Fr.

Romania interprets Article 2 of the first Protocol to the Convention as not imposing any supplementary financial burdens connected with private educational institutions other than those established by domestic legislation.
Periodo di efficacia : 20/6/1994 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2

 

    San Marino :


Reservation contained in the instrument of ratification, deposited on 22 March 1989 - Or. It.

The Government of the Republic of San Marino declares that having regard to the provisions of law in force which govern the use of goods in conformity with the general interest, the principle set forth in Article 1 of the Additional Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature, in Paris, on 20 March 1952, has no bearing on the regulations in force concerning the real estate of foreign citizens.
Periodo di efficacia : 22/3/1989 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 1

 

    Spagna :


Reservation contained in the instrument of ratification deposited on 27 November 1990 - Or. Sp./Fr.

In accordance with Article 64 of the Convention for the Protection of Human Rights and Fundamental Freedoms, in order to avoid any uncertainty as to the application of Article 1 of the Protocol, Spain expresses a Reservation in the light of Article 33 of the Spanish Constitution, which stipulates the following:

1. The right to private property and to inheritance is recognised.
2. The social function of these rights shall determine their scope, as provided for by law.
3. No person shall be deprived of their property or their rights except for a cause recognised as being in the public interest or in the interest of society and in exchange for fitting compensation as provided for by law.
Periodo di efficacia : 27/11/1990 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 1

 

    Turchia :


Reservation made at the time of deposit of the instrument of ratification, on 18 May 1954 - Or. Fr.

Having seen and examined the Convention and the Protocol (First), we have approved the same with the reservation set out in respect of Article 2 of the Protocol by reason of the provisions of Law No. 6366 voted by the National Grand Assembly of Turkey dated 10 March 1954.

Article 3 of the said Law No. 6366 reads:
Article 2 of the Protocol shall not affect the provisions of Law No. 430 of 3 March 1924 relating to the unification of education.
Periodo di efficacia : 18/5/1954 -      
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 2

Fonte: Ufficio dei Trattati, http://conventions.coe.int – * Disclaimer