Protocols to the Convention
Protocol No. 16
Protocol No. 16 to the Convention allows the highest courts and tribunals of a State Party to request the Court to give advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined in the Convention or the protocols thereto.
Protocol No. 16 came into force on 1 August 2018 in respect of the States which have signed and ratified it.
Guidelines on the implementation of the advisory-opinion procedure introduced by Protocol No. 16:
Useful Links
- Chart of signatures and ratifications of Protocol No. 16
- Advisory opinions under Protocol No. 16
- Reform of the Court
- Amendments to the Rules of the Court adopted by the plenary Court (19/06/2016)
- Opinion of the Court on Draft Protocol No. 16 (06/05/2013)
- More information (Council of Europe Treaty Office)
Protocol No. 15
Protocol No. 15 amending the Convention introduced a reference to the principle of subsidiarity and the doctrine of the margin of appreciation. It also reduced from six to four months the time-limit within which an application may be made to the Court following the date of a final domestic decision.
Protocol No. 15 entered into force on 1 August 2021, all the member States of the Council of Europe having ratified it.
Useful Links
- Chart of signatures and ratifications of Protocol No. 15
- Reform of the Court
- Opinion of the Court on Draft Protocol No. 15 (06/02/2013)
- More information (Council of Europe Treaty Office)
Protocol No. 14
Protocol No. 14 amending the Convention introduced a new admissibility criterion, the treatment of repetitive cases or clearly inadmissible cases, for a more satisfactory operation of the Court.
Under the Protocol the Committee of Ministers of the Council of Europe is empowered, if it decides by a two-thirds majority to do so, to bring proceedings before the Court where a State refuses to comply with a judgment. The Committee of Ministers is also empowered to ask the Court for an interpretation of a judgment. This is to assist the Committee of Ministers in its task of supervising the execution of judgments and particularly in determining what measures may be necessary to comply with a judgment.
Other measures in the Protocol include changing the judges' term of office to a single, nine year term, and a provision allowing the accession by the European Union to the Convention.
Protocol No. 14 entered into force on 1 June 2010, all the member States of the Council of Europe having ratified it.
Useful Links
- Chart of signatures and ratifications of Protocol No. 14
- Reform of the Court
- More information (Council of Europe Treaty Office)