MATTHEWS v. THE UNITED KINGDOM JUDGMENT
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sufficiently involved in the general democratic supervision of the activities
of the European Community, to constitute part of the “legislature” of
Gibraltar for the purposes of Article 3 of Protocol No. 1.
D. The application of Article 56 of the Convention to the case
55. Article 56 §§ 1 and 3 of the Convention provide as follows:
“1. Any State may at the time of its ratification or at any time thereafter declare by
notification addressed to the Secretary General of the Council of Europe that the …
Convention shall, subject to paragraph 4 of this Article, extend to all or any of the
territories for whose international relations it is responsible.
...
3. The provisions of [the] Convention shall be applied in such territories with due
regard, however, to local requirements.”
56. The Government noted, without relying formally on the point, that
two members of the Commission had emphasised the constitutional position
of Gibraltar as a dependent territory in the context of Article 56 (formerly
Article 63) of the Convention.
57. The applicant was of the view that the “local requirements” referred
to in Article 56 § 3 of the Convention could not be interpreted so as to
restrict the application of Article 3 of Protocol No. 1 in the case.
58. The Commission, which found Article 3 not to be applicable on
other grounds, did not consider this point. Two members of the
Commission, in separate concurring opinions, both found that Article 56 of
the Convention had a role to play in the case.
59. The Court recalls that in the Tyrer v. the United Kingdom judgment
(25 April 1978, Series A no. 26, pp. 18-19, § 38) it found that before the
former Article 63 § 3 could apply, there would have to be “positive and
conclusive proof of a requirement”. Local requirements, if they refer to the
specific legal status of a territory, must be of a compelling nature if they are
to justify the application of Article 56 of the Convention. In the present
case, the Government do not contend that the status of Gibraltar is such as
to give rise to “local requirements” which could limit the application of the
Convention, and the Court finds no indication that there are any such
requirements.