Lista delle dichiarazioni formulate in relazione al trattato no. 019

Convenzione europea di stabilimento

Situazione in data del : 20/12/2014

 

    Belgio :


Declaration made at time of deposit of the instrument of ratification, on 12 January 1962 - Or. Fr.

On deposit, on behalf of His Majesty the King of the Belgians, of the instrument of ratification of the European Convention on Establishment, signed in Paris on 13 December 1955, I have the honour to declare, in accordance with Article 12, that my Government does not agree to the terms of paragraph 1.b and c and that it extends the period laid down in a to ten years; furthermore, it will not automatically grant the right to change from a wage-earning occupation to an independent occupation.
Periodo di efficacia : 23/2/1965 -
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 12

 

    Germania :


Declaration made at the time of signature, on 13 December 1955 - Or. Germ./Engl./Fr.

As far as the Federal Republic of Germany is concerned, "nationals" are all Germans within the meaning of the Basic Law of the Federal Republic of Germany.
Periodo di efficacia : 23/2/1965 -   
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 30


Reservation made at the time of deposit of the instrument of ratification, on 23 February 1965 - Or. Germ./Engl./Fr.

In conformity with Article 26 of the Convention the Federal Republic of Germany makes the following reservation: Article 4 of the Convention shall not affect the provision of Article 7 of the Reichgesetz of 22 May 1910 (Reichsgesetzblatt, p. 798) nor the corresponding Länder legislations. According to those provisions, the prerequisite to the liability of the State and the public authorities in relation to aliens in conformity with Article 34 of the Basic Law for the Federal Republic of Germany and Section 839 of the German Civil Code is that the same rights are accorded to German nationals by the country of the alien concerned.
Periodo di efficacia : 23/2/1965 -
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 4

 

    Gran Bretagna :


Reservation made at the time of signature, on 24 February 1956, and confirmed in the instrument of ratification, deposited on 14 October 1969 - Or. Engl.

The Government of the United Kingdom reserves the right to apply Article 9, paragraphs 1 and 2 as if the words "or lack of domicile or residence in the country" were omitted from paragraph 1.
Legislation
England and Wales
Under Order 65, Rule 6A, of the Rules of the Supreme Court a plaintiff ordinarily resident out of the jurisdiction may be ordered to give security but in practice these orders are not made where the plaintiff is ordinarily resident in Scotland or Northern Ireland; if, however, he is ordinarily resident elsewhere out of the jurisdiction and is not possessed of substantial property within it, the order will be made on the application of the defendant as a matter of course.

Under Order 3, Rule 1.1 of the County Court Rules security for costs is required to be given by a plaintiff in a County Court who is resident outside England and Wales.
Scotland
It is a general rule of the law of Scotland that no one is bound to litigate in Scotland with a person who is not subject to the jurisdiction of the Scottish Courts. Persons residing outside the United Kingdom and having no heritable (real) property in Scotland are therefore normally to appear by a mandatory. In effect this is the equivalent of the requirement of security for costs.
Northern Ireland
Order 29, Rules 2, 3 and 4 of the Rules of the Supreme Court of Northern Ireland provide :

2. A defendant shall not be entitled to an order compelling the plaintiff to give security for costs solely on the ground that the plaintiff resides in England or Scotland.
3. No defendant shall be entitled to an order for security for costs by reason of any plaintiff being resident out of the jurisdiction of the Court, unless upon a satisfactory affidavit that such defendant has a defence upon the merits.

4. A plaintiff ordinarily resident out of the jurisdiction may be ordered to give security for costs though he may be temporarily resident within the jurisdiction.
Under Order 16, Rule 3 of the County Court Rules, where a plaintiff resides out of Northern Ireland the defendant may require security for costs.

It will be observed that the foregoing rules in the United Kingdom turn solely on residence and involve no discrimination against aliens as such.
Periodo di efficacia : 14/10/1969 -   
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 9


Reservation made at the time of signature, on 24 February 1956, and confirmed in the instrument of ratification, deposited on 14 October 1969 - Or. Engl.

The Government of the United Kingdom does not accept the obligation contained in Article 9, paragraph 3.
Legislation
A foreign judgement is not automatically enforceable; an action must first be brought on it in the appropriate court in the United Kingdom. This general rule has been modified by the Foreign Judgements (Reciprocal Enforcement) Act, 1933 (23 & 24 Geo. 5.C13) which, however, has only been extended by Order in Council to the case of judgments by the superior courts of Belgium and France.
Periodo di efficacia : 14/10/1969 -   
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 9


Reservation made at the time of signature, on 24 February 1956, and confirmed in the instrument of ratification, deposited on 14 October 1969 - Or. Engl.

The Government of the United Kingdom reserves the right to apply the proviso as if it did not extend to the professions of medicine and dentistry.
Legislation
Under the Dentists Act, 1921 (11 & 12 Geo. 5.c.21) no unregistered person may practise dentistry.

Under rules laid down by the British Medical Council, which is empowered by the Medical Acts (of which the latest is the Medical Act, 1950) (14 Geo. 6 ch.29) to regulate the medical profession, a registered practitioner would be liable to disciplinary action if he called in an unregistered person.
Periodo di efficacia : 14/10/1969 -   
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 15


Reservation made at the time of signature, on 24 February 1956, and confirmed in the instrument of ratification, deposited on 14 October 1969 - Or. Engl.

The Government of the United Kingdom will apply Article 21, paragraph 1 as if there were a saving clause in the following terms:

"Nothing in this paragraph shall however be construed in relation to any territory of any of the Contracting Parties as obliging that Party to grant to nationals of any other Contracting Party who are not resident in that territory the same personal allowances, reliefs and reductions for tax purposes as are granted to its own nationals."
Legislation
Section 227 of the Income Tax Act, 1952 (15 & 16 Geo. 6 & 1 Eliz. 2. Ch.10.) does not in general entitle non-resident aliens to the relief given to non-resident British subjects. Non-resident aliens only enjoy such relief in pursuance of double taxation agreements.
Periodo di efficacia : 14/10/1969 -
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 21

 

    Grecia :


Declaration contained in a letter from the Permanent Representative of Greece, dated 2 February 1965, handed to the Secretary General at the time of deposit of the instrument of ratification, on 2 March 1965 - Or. Fr.

The Greek Government declare that they do not accept the condition laid down in sub-paragraph b of Article 12. They further declare that they extend to ten years the time-limit prescribed in sub-paragraph a of the same Article.
Periodo di efficacia : 2/3/1965 -   
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 12


Declaration contained in a letter from the Minister for Foreign Affairs of Greece, dated 28 November 1974 - Or. Fr.

On 2 March 1965, Greece ratified the said Convention but in pursuance of Article 33 para. 3, ceased to be a Contracting Party as of 31 December 1970, date on which the denunciation of the Statute of the Council of Europe by the Government of the Dictatorship took effect.

Greece having renewed today its accession to the Statute of the Council of Europe, I therefore declare, on behalf of my Government, that Greece considers itself once again bound by the said Convention, with effect from today, as Contracting Party under the same conditions as before 31 December 1970.
Periodo di efficacia : 28/11/1974 -
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 33

 

    Irlanda :


Declaration made at the time of deposit of the instrument of ratification, on 1 September 1966 - Or. Engl.

In accordance with Article 12 of the Convention, the Irish Government does not accept the conditions laid down in sub-paragraphs b and c of paragraph 1 of that Article.
Periodo di efficacia : 1/9/1966 -   
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 12


Reservation made at the time of deposit of the instrument of ratification, on 1 September 1966 - Or. Engl.

The Government of Ireland cannot at present accept the obligations contained in Article 9.1; Rule 152 of the District Court Rules gives a District Justice complete discretion concerning security for costs where the plaintiff resides outside the State; Order 132 of the Circuit Court Rules provides that a defendant shall not be entitled to an order for security for costs solely on the grounds that the plaintiff resides outside the jurisdiction; Order 29 of the Superior Courts Rules gives these Courts discretion in the matter.

With regard to enforcing foreign Court orders, the only manner in which this may be done is by suing in the Irish Courts on the basis of the foreign judgment.
Periodo di efficacia : 1/9/1966 -   
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 9


Reservation made at the time of deposit of the instrument of ratification, on 1 September 1966 - Or. Engl.

The Government of Ireland reserves the right not to extend to aliens in general who are not resident in Ireland the provisions of Section 8.2 of the Finance Act, 1935, under which Irish citizens who are not resident in Ireland are entitled, in the computation of their income tax liability in respect of income arising in Ireland, to a proportion of the personal allowances and reliefs which are provided by the Income Tax Acts (by deduction from total income in computing taxable income or by reduction of the income tax payable) for individuals who are resident in Ireland.
Periodo di efficacia : 1/9/1966 -
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 21

 

    Lussemburgo :


Reservation contained in a letter from the Permanent Representative of Luxembourg, dated 5 March 1969, handed to the Secretary General at the time of deposit of the instrument of ratification, on 6 March 1969 - Or. Fr.

In pursuance of Article 26 of the Convention:
The provisions of Section 1 of the Act of 2 June 1962 (Memorial 1962, A page 488 et seqq.) laying down the conditions of entry into and exercise of certain professions, as well as those of the constitution and management of a firm are made the object of a reservation in respect of the application of Article 16 of the Convention. Section 1.b of this Act provides that written authorisation must be obtained from the Luxembourg Minister for Economic Affairs in the case, among others, of representatives, agents, brokers and commercial travellers.
Periodo di efficacia : 6/3/1969 -   
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 16


Reservation contained in a letter from the Permanent Representative of Luxembourg, dated 5 March 1969, handed to the Secretary General at the time of deposit of the instrument of ratification, on 6 March 1969 - Or. Fr.

The provisions of Section 6 of the Luxembourg Act of 4 April 1924 creating trade associations by election (Memorial 1924, p. 257) are made the object of a reservation in respect of the application of Article 18 of the Convention. In the Grand Duchy these associations are not only professional bodies as is generally the case abroad, but official consultative organs of the legislative body. The Government considers that the reservation made in respect of Article 18 of the Convention fulfils the conditions laid down in Section VII of the Protocol.
Periodo di efficacia : 6/3/1969 -   
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 18


Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 5 March 1969, handed to the Secretary General at the time of deposit of the instrument of ratification, on 6 March 1969 - Or. Fr.

In pursuance of Article 12, paragraph 2 of the Convention:
1. The period stipulated in Article 12, paragraph 1.a is increased from five years to ten years.
2. The right to change from a wage-earning occupation to an independent occupation is not automatically granted in all cases.
Periodo di efficacia : 6/3/1969 -
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 12

 

    Norvegia :


Declaration contained in the instrument of ratification, deposited on 20 November 1957 - Or. Fr.

We approve, ratify and confirm the said Convention with the exception of paragraphs 1.a and c of Article 12.
Periodo di efficacia : 23/2/1965 -   
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 12


Reservation contained in the instrument of ratification, deposited on 20 November 1957 - Or. Fr.
With regard to paragraph 1 of Article 3, the Convention is ratified subject to the right of expulsion provided for in Article 13, paragraph 1.d, of the Norwegian Act of 27 July 1956 on the admission of aliens to the Kingdom of Norway.
Periodo di efficacia : 23/2/1965 -
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 3

 

    Paesi Bassi :


Declaration contained in the instrument of ratification, deposited on 21 May 1969 - Or. Fr.

We approve herewith, for the Kingdom in Europe, the Agreement reproduced above.
Periodo di efficacia : 21/5/1969 -
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : -

 

    Svezia :


Reservation contained in the instrument of ratification, deposited on 24 June 1971 - Or. Fr.

Under Section 29.1, sub-paragraph 4, of the Aliens Act (1954:193) an alien may be expelled from Sweden if, during the preceding five years, he has been sentenced outside Sweden to imprisonment for an offence leading to expulsion under Swedish law, or if he has served a sentence for a similar offence and, because of the nature of the criminal act and other circumstances, it is to be feared that he may resume his unlawful activities in Sweden.
Periodo di efficacia : 1/7/1971 -   
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 3


Reservation contained in the instrument of ratification, deposited on 24 June 1971 - Or. Fr.

Under Section 16 of the Aliens Act (1954:193) and Section 11 of the Act governing the Right of Aliens or Foreign Firms to engage in a gainful occupation in the Kingdom (1968:555), any work permit and any authorisation to engage in such occupation issued for a specified period may be withdrawn if necessary for particular reasons.
Periodo di efficacia : 1/7/1971 -   
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 11


Declaration contained in the instrument of ratification, deposited on 24 June 1971 - Or. Fr.

Sweden does not recognise the conditions referred to in paragraphs 1.a and b.
Periodo di efficacia : 1/7/1971 -   
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 12


Reservation contained in the instrument of ratification, deposited on 24 June 1971 - Or. Fr.

Under Section 1 of the Act providing in certain cases for the Purchase of a Mining Concession (1949:658), the King in Council may, if there are special reasons for assuring Swedish influence over a mining enterprise, order that all or part of the mine be ceded, against reimbursement, to the Crown or any other person or body designated by the King in Council.
Periodo di efficacia : 1/7/1971 -
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 23

 

    Turchia :


Declaration contained in the instrument of ratification, deposited on 20 March 1990 - Or. Engl.

Turkey reserves its position on the term "in the similar circumstances" mentioned in paragraph 1 of Article 21 and understands that this term refers to taxpayers (individuals, legal persons) placed, from the point of view of the application of the ordinary taxation laws and regulations, in substantially similar circumstances both in law and in fact.

Amongst other things this means that a national of one of the Contracting States, resident of a third state and doing business in the other Contracting State will be subjected to the same taxation or requirements connected therewith in that other Contracting State to which a national of that other Contracting State, resident in a third state and doing business in that other Contracting State, is or may be subjected.
Periodo di efficacia : 20/3/1990 -   
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 21


Reservation contained in the instrument of ratification, deposited on 20 March 1990 - Or. Fr.

The Government of the Republic of Turkey declares that it shall not consider itself bound by the provisions of Article 31, paragraph 1 of the Convention, concerning the settlement of disputes submitted to the International Court of Justice by means of an application by one of the Parties, and declares that in order for any dispute whatsoever between the Contracting Parties concerning the application or the interpretation of the Convention to be submitted to the International Court of Justice for decision, the consent of all the parties to the dispute is required.
Periodo di efficacia : 20/3/1990 -
Dichiarazione sopraindicata relativa al/ai seguente/i articolo/i : 31

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