General Agreement on Privileges and Immunities of the Council of Europe
Type of Document: Treaties
International Organization: Council of Europe
Year: 1959
Country: Andorra, Belgium, Bosnia, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Poland, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine
The Agreement, concluded on 6 March 1959 and entered into force on 15 March 1963, defines the legal personality and the privileges and immunities conferred on the Council of Europe.
The Council, its property and assets, wheresoever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case, the Committee of Ministers has expressly authorized the waiver of this immunity.
The Secretary General shall co-operate at all times with the competent authorities of the members to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuse in connection with the privileges, immunities, exemptions and facilities.
Officials shall be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity and within the limit of their authority; the Secretary General and Deputy Secretary General shall be accorded in respect of themselves, their spouses and minor children the privileges and immunities, exemptions and facilities accorded to diplomatic envoys in accordance with International Law.
The Secretary General shall have the right and the duty to waive the immunity of any official in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Council of Europe. In the case of the Secretary General and of the Deputy Secretary General, the Committee of Ministers shall have the right to waive immunity.
Any dispute between the Council and private persons regarding supplies furnished, services rendered or immovable property purchased on behalf of the Council, shall be submitted to arbitration, as provided in an administrative order issued by the Secretary General with the approval of the Committee of Ministers.

