NEW CHALLENGES IN LEGISLATION REGARDING THE EUROPEAN CONVENTION ON HUMAN RIGHTS
NEW CHALLENGES IN LEGISLATION REGARDING THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Summary/Abstract: This article first examines the current regulations and possible effects of the European Convention on Human Rights regarding the surveillance system on serious violations of human rights, through its Additional Protocols, such as Protocol no. 16 added to the Convention, which will enable the European Court of Human Rights to address preliminary questions. The new challenges posed by the entry into force of Protocol no. 16 after being added to the Convention will probably have a positive impact, by creating a uniform European law for fundamental rights and freedoms, and at the same time will ensure a more appropriate response to possible violations in the future. At the same time, it offers the possibility for the highest courts of the Contracting Parties to seek a consultative opinion on the interpretation or application of fundamental rights and freedoms and many other options, such as creating some prerequisites for facilitating the work of the ECHR by reducing its work load, and facilitating the accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms, on the assumption that the two mechanisms are relatively similar, and to raise some questions about the possibility of access to justice of each individual before the ECHR.

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