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Article 5

Zakon o ratifikaciji Konvencije o varstvu človekovih pravic in temeljnih svoboščin, spremenjene s protokoli št. 3, 5 in 8 ter dopolnjene s protokolom št. 2, ter njenih protokolov št. 1, 4, 6, 7, 9, 10 in 11 (EKČP)

Uradni list RS (mednarodne) 7-41/1994 objava 13. 6. 1994

Veljavnost
velja od 28. 6. 1994 stanje na dan27. 8. 2026
Oznake
kraticaEKČP SOP1994-02-0041 EPA681
Sprejel
Državni zbor Republike Slovenije
Article 48 of the Convention shall read as follows:
"1. The following may refer a case to the Court, provided that the High Contracting Party concerned, if there is only one, or the High Contracting Parties concerned, if there is more than one, are subject to the compulsory jurisdiction of the Court or failing that, with the consent of the High Contracting Party concerned, if there is only one, or of the High Contracting Parties concerned if there is more than one:
a.
the Commission;
b.
a High Contracting Party whose national is alleged to be a victim;
c.
a High Contracting Party which referred the case to the Commission;
d.
a High Contracting Party against which the complaint has been lodged;
e.
the person, non-governmental organisation or group of individuals having lodged the complaint with the Commission.
2.
If a case is referred to the Court only in accordance with paragraph 1.e, it shall first be submitted to a panel composed of three members of the Court. There shall sit as an ex-officio member of the panel the judge elected in respect of the High Contracting Party against which the complaint has been lodged, or, if there is none, a person of its choice who shall sit in the capacity of judge. If the complaint has been lodged against more than one High Contracting Party, the size of the panel shall be increased accordingly.
If the case does not raise a serious question affecting the interpretation or application of the Convention and does not for any other reason warrant consideration by the Court, the panel may, by a unanimous vote, decide that it shall not be considered by the Court. In that event, the Committee of Ministers shall decide, in accordance with the provisions of Article 32, whether there has been a violation of the Convention."
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