Council of Europe: Parliamentary Assembly: approval of draft Protocol no. 15 to the ECHR

Friday, October 4, 2013

The Legal Affairs Committee of the Council of Europe's Parliamentary Assembly agreed this week that the draft Protocol no. 15 to the European Convention on Human Rights could be adopted and opened for signature and ratification as presently drafted. The main features of this Protocol, which amends the Convention, are the following:

-The introduction, in the Preamble of the Convention, of a reference to the principle of subsidiarity and the doctrine of the margin of appreciation as developed in the case-law of the European Court of Human Rights.

-The removal of the possibility given to the parties to oppose to the relinquishment of jurisdiction by a Chamber in favour of the Grand Chamber.

-The shortening of the time-limit to present applications to the Court from six to fourth months since exhaustion of domestic remedies.

-Cases where the applicant has not suffered a significant disadvantage should be declared inadmissible even if they have not been duly considered by a domestic court.

Read the full report of the Assembly's Committee here.

See the text of draft Protocol no. 15 here.

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Council of Europe
Parliamentary Assembly