2. Jurisdicţia consultativă a CtEDO: Schimbările legate de Protocolul no. 16, inclusiv în România
2. The Advisory Jurisdiction of the ECtHR: Changes Related to Protocol nr. 16, Including in Romania

Summary/Abstract: Advisory opinions of regional human rights courts have become a subject of growing interest in legal scholarship. This article examines the advisory jurisdiction of the ECtHR, particularly in the context of the expansion of its advisory competence through Protocol No. 16. The study analyses the causes of the limited productivity of the ECtHR in exercising this function. It shows that institutional, historical, and political constraints have influenced judicial productivity in this domain. The analysis also highlights the potential of Protocol No. 16 to stimulate judicial dialogue between national courts and the ECtHR, while pointing out its practical limitations. It uses Romania’s domestic legal system as an illustrative example. The conclusion is that this reform of the ECtHR’s powers is significant for improving states’ compliance with their human rights obligations, which is particularly evident in the Romanian case.

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