ECHR Reform: Entry into Force of Protocols 15 and 16
ECHR Reform: Entry into Force of Protocols 15 and 16
Author(s): Camelia Ignătescu, Loredana Terec-VladSubject(s): Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Editura Lumen, Asociatia Lumen
Keywords: ECHR Reform; Entry into Force of Protocols 15 and 16; Additional Protocols to the Convention;
Summary/Abstract: Whereas the application of the European Convention on the Human Rights is made through the European Court of Human Rights, whose decisions are the creator of law, meanings, interpretations, clarifications on everything that means the system of protection of the human rights through the ECHR, the jurisprudence of the Court frequently meets the practical requirements for the application of the Convention. However, certain procedural elements in the application of the Convention cannot be left to the discretion of the Court's decisions, due to their strictly procedural nature, and in some cases there is a need to enrich the Convention with a number of fundamental provisions beyond the court’s creative power of practice. That is why the adoption of the Additional Protocols to the Convention always attracts a keen interest from stakeholders, and among these, the Additional Protocols no. 15 and 16 have attracted lively debates in international doctrine, due to the importance of amendments (or clarifications) to the Convention.
Journal: LOGOS, UNIVERSALITY, MENTALITY, EDUCATION, NOVELTY. Section: Law
- Issue Year: XI/2023
- Issue No: 1
- Page Range: 56-65
- Page Count: 10
- Language: English