European convention on establishment



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European Treaty Series - No. 19


EUROPEAN CONVENTION

ON ESTABLISHMENT

Paris, 13.XII.1955

The govern­ments signatory hereto, being members of the Coun­cil of Europe,


Considering that the aim of the Council of Europe is to safe­guard and to realise the ideals and princi­ples which are the common heri­tage of its members and to facili­tate their eco­nomic and social progress;
Recogni­sing the special char­acter of the links between the member coun­tries of the Coun­cil of Europe as affirmed in conven­tions and agreements already concluded within the framework of the Council such as the Convention for the Protection of Human Rights and Funda­mental Freedoms signed on 4th November 1950, the Proto­col to this Convention signed on 20th March 1952, the European Con­vention on Social and Medical Assis­tance and the two European Interim Agreements on Social Security signed on 11th December 1953;
Being convinced that, by the conclu­sion of a regional conven­tion, the establishment of common rules for the treatment accord­ed to nationals of each member State in the territory of the others may further the achieve­ment of greater unity;
Affirm­ing that the rights and privi­leges which they grant to each other's nationals are conceded solely by virtue of the close association uniting the member countries of the Council of Europe by means of its Statute;
Noting that the general plan of the Convention fits into the frame­work of the organ­isa­tion of the Council of Europe,
Have agreed as follows:
Chapter I – Entry, residence and expulsion
Article 1
Each Contracting Party shall facili­tate the entry into its territory by nationals of the other Parties for the purpose of tempo­rary visits and shall permit them to travel freely within its territory except when this would be con­trary to ordre public, national security, public health or morality.
Article 2
Subject to the conditions set out in Article 1 of this Con­ven­tion, each Contracting Party shall, to the extent permit­ted by its economic and social conditions, facilitate the prolonged or permanent residence in its territory of nationals of the other Parties.
Article 3
1 Nationals of any Contracting Party lawfully residing in the territory of another Party may be expelled only if they endan­ger national security or offend against ordre public or morality.
2 Except where imperative consid­erations of national securi­ty otherwise require, a national of any Contracting Party who has been so lawfully residing for more than two years in the territo­ry of any other Party shall not be ex­pelled without first being allowed to submit reasons against his expulsion and to appeal to, and be repre­sented for the purpose before, a competent authority or a person or persons specially desig­nated by the competent authority.
3 Nationals of any Con­tracting Party who have been lawfully residing for more than ten years in the territory of any other Party may only be expelled for reasons of national security or if the other reasons mentioned in paragraph 1 of this article are of a particularly serious nature.
Chapter II – Exercise of private rights
Article 4
Nationals of any Contracting Party shall enjoy in the terri­to­ry of any other Party treat­ment equal to that enjoyed by na­tion­als of the latter Party in respect of the possession and exercise of private rights whether personal rights or rights relating to proper­ty.
Article 5
Notwithstanding Article 4 of this Convention, any Con­tract­ing Party may, for reasons of nation­al security or defence, re­serve the acquisition, possession or use of any categories of property for its own nationals or subject nationals of other Parties to spe­cial conditions applicable to aliens in respect of such property.
Article 6
1 Apart from cases relating to national security or defence,

a any Contracting Party which has reserved for its nation­als or, in the case of aliens including those who are nationals of other Parties, made subject to regulations the acquisition, posses­sion or use of certain categories of property, or has made the acquisition, possession or use of such property condition­al upon reciprocity, shall, at the time of the signature of this Convention, transmit a list of these restrictions to the Secretary General of the Council of Europe indicating which provisions of its munici­pal law are the basis of such restric­tions. The Secretary Ge­neral shall forward these lists to the other signatories;


b after this Convention has entered into force in respect of any Contracting Party, that Contracting Party shall not intro­duce any further restric­tions as to the acqui­sition, possession or use of any catego­ries of property by nationals of the other Parties, unless it finds itself com­pelled to do so for imperative reasons of an economic or social character or in order to prevent monopolis­ation of the vital resources of the country. It shall in this event keep the Secretary G­eneral fully informed of the measures taken, the relevant provisions of municipal law and the reasons for such mea­sures. The Secretary General shall communi­cate this infor­mation to the other Parties.

2 Each Contracting Party shall endeavour to reduce its list of restric­tions for the benefit of nationals of the other Par­ties. It shall notify the Secre­tary General of any such changes and he shall commu­nicate them to the other Parties. Each Party shall also endeavour to grant to nation­als of other Parties such exemp­tions from the general regula­tions concern­ing aliens as are provided for in its own legis­lation.


Chapter III – Judicial and administrative guarantees
Article 7
Nationals of any Contract­ing Party shall enjoy in the terri­to­ry of any other Party, under the same conditions as nationals of the latter Party, full legal and judicial pro­tection of their persons and property and of their rights and interests. In particular they shall have, in the same manner as the nationals of the latter Party, the right of access to the competent judi­cial and administra­tive authori­ties and the right to obtain the assistance of any person of their choice who is qualified by the laws of the country.
Article 8
1 Nation­als of any Contracting Party shall be entitled in the terri­tory of any other Party to obtain free legal assistance under the same conditions as nationals of the latter Party.
2 Indigent nationals of a Contracting Party shall be enti­tled to have copies of actes de l'état civil issued to them free of charge in the territory of another Contracting Party in so far as these are so issued to indi­gent nationals of the latter Con­tracting Party.
Article 9
1 No security or deposit of any kind may be required, by reason of their status as aliens or of lack of domicile or resi­dence in the country, from nationals of any Contracting Party, ha­ving their domicile or normal residence in the terri­tory of a Party, who may be plaintiffs or third parties before the Courts of any other Party.
2 The same rule shall apply to the payment which may be re­quired of plain­tiffs or third parties to guarantee legal costs.
3 Orders to pay the costs and expenses of a trial im­posed upon a plain­tiff or third party who is exempted from such securi­ty, depos­it or payment in pursuance either of the preceding paragraphs of this article or of the law of the country in which the pro­ceedings are taken, shall without charge, upon a request made through the diplomatic channel, be rendered enforceable by the competent authority in the territory of any other Con­tracting Party.
Chapter IV – Gainful occupations
Article 10
Each Contracting Party shall authorise nationals of the other Parties to engage in its territory in any gain­ful occupation on an equal footing with its own nationals, unless the said Contracting Party has cogent economic or social reasons for withholding the author­isation. This provision shall apply, but not be limited, to industrial, commercial, financial and agricultural occupa­tions, skilled crafts and the professions, whether the person concerned is self emplo­yed or is in the service of an employ­er.

Article 11
Nationals of any Contracting Party who have been al­lowed by another Party to engage in a gainful occupation for a cer­tain period may not, during that period, be subjected to restrictions not provided for at the time the authorisa­tion was granted to them unless such restrictions are equally applicable to nationals of the latter Party in similar cir­cumstances.
Article 12
1 Nationals of any Contracting Party lawfully residing in the territory of any other Party shall be authori­sed, without being made subject to the restrictions referred to in Article 10 of this Convention, to engage in any gainful occupation on an equal footing with nationals of the latter Party, provided they comply with one of the follow­ing condi­tions:
a they have been lawfully engaged in a gainful occupa­tion in that territory for an uninterrupted period of five years;
b they have lawfully resided in that territory for an unin­terrupted period of ten years;
c they have been admit­ted to permanent residence.
Any Contracting Party may, at the time of signature or of deposit of its instrument of ratifi­cation of this Convention, declare that it does not accept one or two of the conditions men­tioned above.
2 Such Party may also, in accordance with the same proce­dure, in­crease the period laid down in paragraph 1.a of this article to a maximum of ten years, provided that after the first period of five years renewal of an authorisa­tion may in no case be refused in respect of the occupation pursued up to that time nor may such renewal be conditional upon any change in that occupation. It may also declare that it will not in all cases automatically grant the right to change from a wage earning occupation to an independent occupation.
Article 13
Any Contracting Party may reserve for its own nationals the exercise of public func­tions or of occupations connected with national security or defence, or make the exercise of these occu­pations by aliens subject to special conditions.
Article 14
1 Apart from the functions or occupations mentioned in Article 13 of this Convention,
a any Con­tracting Party which has reserved certain occupa­tions for its own nationals or made the exer­cise of them by aliens, includ­ing nationals of the other Parties, subject to regula­tions or reciprocity, shall at the time of signature of this Conven­tion transmit a list of these re­strictions to the Secretary General of the Council of Europe, indicating which provisions of its munici­pal law are the basis of such re­stric­tions. The Secre­tary G­eneral shall forward these lists to the other signato­ries;
b after this Convention has entered into force in respect of any Contract­ing Party, that Party shall not intro­duce any further re­strictions as to the exercise of gainful occupa­tions by the nationals of other Parties unless it finds itself compelled to do so for impera­tive reasons of an eco­nomic or social charac­ter. It shall in this event keep the Secretary
General fully in­formed of the measures taken, the relevant provisions of munici­pal law and the reasons for such mea­sures. The Secretary General shall communicate this informa­tion to the other Parties.
2 Each Contracting Party shall endeavour for the benefit of nation­als of the other Parties:
– to reduce the list of occupa­tions which are re­served for its own na­tionals or the exercise of which by aliens is subject to regulations or reciprocity; it shall notify the Secretary General of any such changes, and he shall communi­cate them to the other Parties;
– in so far as its laws permit, to allow individual exemptions from the provisions in force.
Article 15
The exercise by nationals of one Contracting Party in the territory of another Party of an occupation in respect of which nation­als of the latter Party are required to possess professional or techni­cal qualifica­tions or to furnish guar­antees shall be made subject to the production of the same guarantees or to the possession of the same qualifi­cations or of others recognised as their equiva­lent by the competent national authority;
Provided that nationals of the Contract­ing Parties engaged in the lawful pursuit of their profession in the territory of any Party may be called into the territo­ry of any other Party by one of their colleagues for the purpose of lending assistance in a particular case.
Article 16
Commercial travel­lers who are nationals of a Contract­ing Party and are em­ployed by an undertaking whose principal place of business is situated in the territory of a Contract­ing Party shall not need any authorisation in order to exer­cise their occupation in the territory of any other Party, provided that they do not reside therein for more than two months during any half ­year.
Article 17
1 Nationals of any Contract­ing Party shall, in the territory of another Party, enjoy treat­ment no less favoura­ble than nation­als of the latter Party in respect of any statutory regulation by a public authority concerning wages and working conditions in general.
2 The provisions of this chapter shall not be understood as requir­ing a Con­tracting Party to accord in its territory more favoura­ble treatment as regards the exercise of a gain­ful occupation to the nationals of any other Party than that accorded to its own nationals.

Chapter V – Individual rights
Article 18
No Contracting Party may forbid nationals of another Party who have been lawfully engaged for at least five years in an appropriate occupation in the territory of the former Party from taking part on an equal footing with its own nationals as elec­tors in elections held by bodies or organis­ations of an economic or professional nature such as Chambers of Commerce or of Agri­cultural or Trade Associa­tions, subject to the decisions which such bodies or organisations may take in this respect within the limits of their competence.
Article 19
Nationals of any Contracting Party in the terri­tory of any other Party shall be permitted, without any restrictions other than those applicable to nationals of the latter Party, to act as arbi­trators in arbitral proceedings in which the choice of arbi­trators is left entirely to the parties con­cerned.
Article 20
In so far as access to education is under State con­trol, nationals of school age of any Contracting Party law­fully residing in the territory of any other Party shall be admit­ted, on an equal footing with the nation­als of the latter Party, to institu­tions for primary and secondary education and technical and voca­tional training. The appli­cation of this provision to the grant of scholar­ships shall be left to the discretion of individual Par­ties. School attendance shall be compulsory for nationals of school age residing in the territory of another Contracting Party if it is compulsory for the nationals of the latter Party.
Chapter VI – Taxation, compulsory civilian services, expropriation, nationalisation
Article 21
1 Subject to the provisions concerning double taxation con­tained in agree­ments already concluded or to be concluded, na­tionals of any Contracting Party shall not be liable in the territory of any other Party to duties, charg­es, taxes or contri­butions, of any description whatsoever, other, higher or more burdensome than those im­posed on na­tionals of the latter Party in simi­lar circum­stances; in particular, they shall be entitled to deductions or exemptions from taxes or charges and to all allow­ances, including allow­ances for dependants.
2 A Con­tracting Party shall not impose on na­tionals of any other Party any resi­dence charge not required of its own nation­als. This provi­sion shall not prevent the imposition in appropriate cases of charges con­nected with administrative formali­ties such as the issue of permits and authorisations which aliens are required to have, provided that the amount levied is not more than the expendi­ture incurred by such formali­ties.
Article 22
Nationals of a Contracting Party may in no case be obliged to perform in the territory of another Party any civilian servic­es, whether of a personal nature or relating to property, other or more burdensome than those required of nationals of the latter Party.

Article 23
Without prejudice to the provi­sions of Article 1 of the Proto­col to the Convention on the Protection of Human Rights and Fundamental Freedoms, nation­als of any Contracting Party shall be entitled, in the event of expropriation or national­isation of their property by any other Party, to be treated at least as favourably as nation­als of the latter Party.
Chapter VII – Standing Committee
Article 24
1 A Standing Committee shall be set up within a year of the entry into force of this Convention. This Com­mittee may formu­late proposals designed to improve the prac­tical imple­mentation of the Convention and, if necessary, to amend or supplement its provisions.
2 In the event of dif­ferences of opinion arising between the Parties over the interpreta­tion or application of the provisions of Article 6, paragraph 1.b, and Article 14, paragraph 1.b, of this Convention, the Committee shall at the request of any Party concerned endeav­our to settle such differences.
3 The Com­mittee shall ar­range for the publica­tion of a peri­odical report containing all information re­garding the laws and regulations in force in the territory of the Parties in respect of matters provid­ed for in this Con­vention.
4 Each member of the Council of Europe which has rati­fied this Convention shall appoint a representative to this Committee. Any other member of the Council may be repre­sented by an observer with the right to speak.
5 The Com­mittee shall be convened by the Secretary G­eneral of the Council of Europe. Its first ses­sion shall take place within three months of the date of its establish­ment. Subsequent sessions shall be held at least once every two years. The Com­mittee may also be convened whenever the Committee of Ministers of the Council considers it necessary. The period of two years shall run from the date of the end of the last session.
6 Opinions or recommendations of the Standing Committee shall be submitted to the Committee of Ministers.
7 The Stand­ing Committee shall draw up its own Rules of Proce­dure.
Chapter VIII – General provisions
Article 25
The provisions of this Convention shall not prejudice the provisions of municipal law, bilateral or multilateral trea­ties, conven­tions or agreements which are already in force or may come into force under which more favourable treatment would be accord­ed to nationals of one or more of the other Contracting Parties.

Article 26
1 Any member of the Council of Europe may, when sign­ing this Convention or when depositing its instrument of ratifi­cation, make a reservation in respect of any particular provision of the Convention to the extent that any law then in force in its terri­tory is not in confor­mity with the said provision. Reservations of a general nature shall not be permitted under this arti­cle.
2 Any reservation made under this article shall contain a brief statement of the law concerned.
3 Any member of the Council which makes a reser­vation under this article shall withdraw the said reservation as soon as circum­stances per­mit. Such withdrawal shall be made by notification ad­dressed to the Secretary Ge­neral of the Council and shall take effect from the date of the re­ceipt of such notification. The Secretary Gene­ral shall transmit the text of this notification to all the signatories of the Convention.
Article 27
A Contracting Party which has made a reservation in respect of a particular provision of the Convention in accor­dance with Article 26 of this Convention may not claim appli­cation of the said provi­sion by another Party save in so far as it has itself accept­ed the provision.
Article 28
1 In time of war or other public emergency threatening the life of the nation, any Contracting Party may take mea­sures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation and provided that such measures are not inconsis­tent with its other obligations under international law.
2 Any Contracting Party availing itself of this right of deroga­tion shall keep the Secretary General of the Council of Europe fully informed of the mea­sures which it has taken and the reasons therefor. It shall also inform the Secretary Gen­eral of the Council when such measures have ceased to operate and the provisions of the Convention are again being fully executed.
Chapter IX – Field of application of the Convention
Article 29
1 This Convention shall apply to the metropoli­tan terri­to­ries of the Contracting Parties.
2 Any member of the Coun­cil may, at the time of the signa­ture or ratifica­tion of this Convention or at any later date, declare by notice addressed to the Secretary General of the Council of Europe that this Convention shall apply to the terri­tory or territo­ries men­tioned in the said declaration and for whose interna­tional relations it is responsible.
3 Any declaration made in accordance with the preceding para­graph may, in respect of any territory mentioned in such declara­tion, be withdrawn according to the procedure laid down in Article 33 of this Convention.

4 The Secretary Ge­neral shall communicate to the other mem­bers of the Council any declaration transmitted to him in accor­dance with para­graph 2 or paragraph 3 of this article.


Article 30
1 For the purpose of this Con­vention, “nation­als” means physical persons possess­ing the nationality of one of the Con­tracting Parties.
2 No Con­tracting Party shall be obliged to grant the bene­fits of this Convention to nationals of another Contract­ing Party ordinari­ly resident in a non me­tropolitan territory of the latter Party to which the Conven­tion does not apply.
Chapter X – Settlement of disputes
Article 31
1 Any disputes which may arise between the Contracting Par­ties concerning the interpretation or the application of this Convention shall be submitted to the International Court of Justice by special agreement or by application by one of the parties to the dispute, unless the parties agree on a differ­ent method of peaceful settlement.
2 After the entry into force of the European Convention for the Peaceful Set­tlement of Disputes, the Parties to that Conven­tion shall apply those of its provisions which are binding upon them to all disputes which may arise between them concerning the present Conven­tion.
3 Any dispute subjected to a procedure referred to in the preceding para­graphs shall be immediately reported by the parties concerned to the Secretary General of the Council of Europe, who shall inform the other Contracting Parties with­out delay.

4 If one of the parties to a dispute fails to carry out its obliga­tions laid down in a decision of the International Court of Justice or the award of an arbitral tribunal, the other party may appeal to the Committee of Ministers of the Council of Eu­rope. The latter may, if it deems necessary, make recommen­dations by a majority of two t­hirds of the representatives entitled to sit on the Committee with a view to ensuring the execution of the said decision or award.


Chapter XI – Final provisions
Article 32
The Protocol attached to this Convention shall form an inte­gral part of it.
Article 33
1 A Contracting Party may denounce this Conven­tion only at the end of five years from the date on which it became a Party to it, having previ­ously given six months' notice by notification addressed to the Secretary General of the Coun­cil of Europe, who shall inform the other Parties. A Party which does not so exer­cise the right of denunciation will remain bound for further successive periods of two years and may denounce this Conven­tion only at the end any such period, having given notice six months previously.

2 Denun­ciation shall not have the effect of releasing the Contracting Party concerned from its obliga­tions under this Convention in respect of any act which may have been performed by it before the date upon which the denunciation became effective.


3 Any Contracting Party which ceases to be a member of the Council of Europe shall under the same condi­tions cease to be a Party to this Conven­tion.
Article 34
1 This Convention shall be open for signature by the members of the Council of Europe. It shall be rati­fied. Instruments of ratification shall be deposited with the Secreta­ry General of the Council of Europe.
2 This Conven­tion shall come into force on the date of depos­it of the fifth instru­ment of ratification.
3 As regards any signatory ratifying subsequently, the Con­vention shall come into force on the date of deposit of its in­strument of ratification.
4 The Secret­ary General shall notify all the members of the Council of the entry into force of the Convention, the names of the Contracting Parties which have ratified it, any reser­vations made and the subsequent deposit of any instru­ments of ratifi­cation.

In witness whereof, the undersigned, being duly autho­rised there­to, have signed this Convention.


Done at Paris, this 13th day of December 1955, in English and in French, both texts being equally authorita­tive, in a single copy which shall remain depos­ited in the archives of the Council of Europe. The Secretary Ge­neral shall transmit certi­fied true copies to each of the signa­to­ries.

Section I – Articles 1, 2, 3, 5, 6, paragraph 1.b, 10, 13 and 14, paragraph 1.b
a Each Con­tracting Party shall have the right to judge by na­tional criteria:
1 the reasons of “ordre public, national securi­ty, public health or morality” which may provide grounds for the exclusion from its territory of nationals of other Par­ties;
2 “the economic and social conditions” which may pre­vent the admission of nationals of other Parties to pro­longed or perma­nent residence or the exercise of gainful occupations in it its territory;
3 the circumstances which constitute a threat to na­tional security or an offence against ordre public or morali­ty;
4 the reasons specified in the Conven­tion for which a Contracting Party may reserve for its own nationals the acqui­sition, possession or use of any catego­ries of property or the exer­cise of certain rights and occu­pations or may make the exer­cise there­of by nationals of the other Parties sub­ject to special conditions.
b Each Con­tracting Party shall deter­mine whether the rea­sons For expul­sion are of a “particularly serious nature”. In this connec­tion account shall be taken of the behaviour of the individual concerned during his whole period of resi­dence.
c A Con­tracting Party may only re­strict the rights of na­tionals of other Parties for the reasons set forth in this Con­vention and to the extent com­patible with the obliga­tions assumed by the Parties.
Section II – Articles 1, 2, 3, 10, 11, 12, 13, 14, 15, 16, 17 and 20
a Regula­tions govern­ing the admission, residence and move­ment of aliens and also their right to engage in gainful occupa­tions shall be unaf­fected by this Convention in so far as they are not inconsis­tent with it.
b Nationals of a Contracting Party shall be considered as lawfully residing in the terri­tory of another Party if they have conformed to the said regulations.
Section III – Articles 1, 2 and 3
a The concept of “ordre public” is to be under­stood in the wide sense generally accepted in conti­nental coun­tries. A Con­tracting Party may, for instance, exclude a national of another Party for politi­cal reasons, or if there are grounds for believing that he is unable to pay the ex­penses of his stay or that he intends to engage in a gain­ful occupation without the necessary permits.
b The Contracting Parties undertake, in the exercise of their established rights, to pay due regard to family ties.
c The right of expulsion may be exercised only in individu­al cases. The Contracting Parties shall, in exercis­ing their right of expul­sion, act with consideration, having regard to the particular rela­tions which exist between the members of the Council of Europe. They shall in particular take due account of family ties and the period of residence in their territory of the person concerned.
Section IV – Articles 8 and 9
Articles 8 and 9 of this Convention in no way affect obliga­tions contracted under The Hague Conven­tion on Civil Proce­dure.
Section V – Articles 10, 11, 12, 13, 14, 15, 16 and 17
a The provisions of Articles 10, 11, 12, 13, 14, 15, 16 and 17 of this Convention shall be subject to the conditions governing entry and resi­dence laid down in Articles 1 and 2.
b The husband or wife and depen­dent children of nation­als of any Contracting Party lawfully residing in the terri­tory of another Party who have been authorised to accompany or rejoin them shall as far as possi­ble be allowed to take up employment in that territory in accordance with the condi­tions laid down in this Conven­tion.
c The provisions of Article 12 of this Convention shall not apply to nationals of a Contracting Party residing in the terri­tory of another Party in pursuance of special regula­tions or engaged in a gainful occupation therein in pursuance of special rules or agreements, includ­ing such persons as members, or staff not locally recruited, of diplo­matic or consular missions; members of the staff of interna­tional organisations; student employ­ees, apprentices, stu­dents and persons employed for the purpose of completing their voca­tional training; crews of ships and aircraft.
d For the purpose of Article 16 of this Convention, the Con­tracting Parties shall not, in their municipal legislation or regula­tions, treat the occupation of commercial traveller as an itinerant trade or form of hawking.
e It is under­stood that Article 16 applies only to commer­cial travellers acting under the orders of an undertak­ing situ­ated outside the receiving country and remunerated solely by such under­taking.
f Article 17, paragraph 1, of this Convention shall not apply to the special case of stu­dent employees in respect of their remuner­ation.
Section VI – Arti­cles 2, 11, 12, 13, 14, 15, 16, 17 and 25
a It is under­stood that this Con­vention shall not apply to industri­al, literary and artis­tic property and new vegeta­ble products, as these sub­jects are reserved for internation­al conventions or other interna­tional agreements relating thereto which are already in force or will come into force.
b Those Con­tracting Parties to this Convention which are now or will be bound by the decisions of the Organisation for Europe­an Economic Co-operation governing the employment of na­tionals of its member countries shall, in their mutual relations and in respect of the exercise of wage ear­ning occupations, apply the provisions of this Con­vention or of the said decisions, which­ever grant the more favourable treatment to wage earners. In applying the provi­sions of Articles 2, 10, 11, 12, 13, 14, 15, 16 and 17 of this Convention and judging the economic or social reasons men­tioned in Articles 10 and 14, they shall conform to the spirit and the letter of the said decisions in so far as the latter are more favou­rable to wage earners than the provi­sions of this Conven­tion.

Section VII – Article 26, paragraph 1
The Contracting Parties shall exer­cise their right to make reservations only in so far as they consider that essential provisions of their municipal law so require.
Section VIII – Arti­cle 29, paragraph 1
a This Convention shall, in re­spect of France, also apply to Algeria and the overseas Departments.
b The Federal Republic of Germany may extend the appli­cation of this Convention to the Land Berlin by a declaration ad­dressed to the Secretary Ge­neral of the Council of Europe who shall notify the other Contracting Parties thereof.
Article 29, paragraph 2
Any member of the Council of Europe which makes a declaration in accordance with Article 29, paragraph 2, of this Convention shall, at the same time and in respect of any territo­ry mentioned in such decla­ration, transmit to the Secretary Gene­ral of the Council the lists of restric­tions specified in Article 6, paragraph 1, and Article 14, para­graph 1, any declaration made in accordance with Article 12 and any reservation made in accor­dance with Article 26 of this Convention.
Article 30
The term “ordina­rily resident” shall be defined according to the regula­tions applicable in the country of which the person concerned is a national.
Section IX – Article 31, paragraph 1
Contracting Parties not party to the Statute of the Interna­tional Court of Justice shall take the neces­sary steps to obtain access to the Court.

ANNEX I
Resolution (55) 33 concerning the European Convention on Establishment,

adopted by the Committee of Ministers of the Council of Europe,

at its 17th Session, in Paris, on 13 December 1955

The Committee of Ministers,


Having approved the text of the draft European Convention on Establishment and having decided to submit this Convention for signature by the governments of the members of the Council;
Considering that the question has arisen whether a signatory Party may, during the interval between the signature and the entry into force of the Convention for that Party, introduce new restrictions in respect of the matters provided for in Articles 6 and 14;
In view of the spirit and fundamental character of this Convention,
Recommends the members of the Council, after the signature of the Convention, to take note of the provisions of paragraph 1.b of Articles 6 and 14.

ANNEX II
Interpretative text concerning the European Convention on Establishment,

approved by the Committee of Ministers of the Council of Europe,



at its 17th Session, in Paris, on 13 December 1955

The Committee of Ministers expressed the view that the European Convention on Establishment should not be applicable to foreign currency and exchange regulations.


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