BWBV0003473
Geldig vanaf 09-05-1977
Artikel 71
Europees Verdrag inzake sociale zekerheid
1. Any dispute arising between two or more Contracting Parties as to the interpretation or application of this Convention shall first of all be the subject of negotiations between the Parties to the dispute.
2. If one of the Parties to the dispute considers that there is a question likely to affect all the Contracting Parties, the Parties to the dispute jointly, or failing that, one of them, shall submit it to the Committee of Ministers of the Council of Europe, which shall give an opinion on the question within six months.
3. If it has not proved possible to settle the dispute either, as the case may be, within six months from the request for the opening of negotiations as prescribed by paragraph 1 of this Article, or within three months from the communication to the Contracting Parties of the opinion given by the Committee of Ministers, the dispute may be the subject of arbitration proceedings before one arbitrator, at the request of any Party to the dispute. The requesting Party shall notify the other Party, through the Secretary General of the Council of Europe, of the subject matter of the request it intends to refer to arbitration and of the grounds on which the request is based.
4. Unless otherwise agreed by the Parties to the dispute, the arbitrator shall be appointed by the President of the European Court of Human Rights. The arbitrator shall not be a national of one of the Parties to the dispute, nor have his usual place of residence in the territory of these Parties, nor be employed by them, nor have dealt with the case in another capacity.
5. If, in the case referred to in the preceding paragraph, the President of the European Court of Human Rights is unable to act or is a national of one of the Parties to the dispute, the arbitrator shall be appointed by the Vice-President of the Court or by the most senior member of the Court who is not unable to act and is not a national of one of the Parties to the dispute.
6. Failing a special agreement between the Parties to the dispute, or failing a sufficiently precise agreement, the arbitrator shall give his decision on the basis of the provisions of this Convention, taking due account of the general principles of international law.
7. The arbitrator’s decision shall be binding and final.
2. If one of the Parties to the dispute considers that there is a question likely to affect all the Contracting Parties, the Parties to the dispute jointly, or failing that, one of them, shall submit it to the Committee of Ministers of the Council of Europe, which shall give an opinion on the question within six months.
3. If it has not proved possible to settle the dispute either, as the case may be, within six months from the request for the opening of negotiations as prescribed by paragraph 1 of this Article, or within three months from the communication to the Contracting Parties of the opinion given by the Committee of Ministers, the dispute may be the subject of arbitration proceedings before one arbitrator, at the request of any Party to the dispute. The requesting Party shall notify the other Party, through the Secretary General of the Council of Europe, of the subject matter of the request it intends to refer to arbitration and of the grounds on which the request is based.
4. Unless otherwise agreed by the Parties to the dispute, the arbitrator shall be appointed by the President of the European Court of Human Rights. The arbitrator shall not be a national of one of the Parties to the dispute, nor have his usual place of residence in the territory of these Parties, nor be employed by them, nor have dealt with the case in another capacity.
5. If, in the case referred to in the preceding paragraph, the President of the European Court of Human Rights is unable to act or is a national of one of the Parties to the dispute, the arbitrator shall be appointed by the Vice-President of the Court or by the most senior member of the Court who is not unable to act and is not a national of one of the Parties to the dispute.
6. Failing a special agreement between the Parties to the dispute, or failing a sufficiently precise agreement, the arbitrator shall give his decision on the basis of the provisions of this Convention, taking due account of the general principles of international law.
7. The arbitrator’s decision shall be binding and final.
- Citeren als
- Art. 71
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0003473
- Officiële bron
- wetten.overheid.nl