“Significant Disadvantage” Suffered by the Applicant as a New Admissibility Criterion before the ECtHR – Necessary Development or Too Far-Reaching... Cover Image

“Significant Disadvantage” Suffered by the Applicant as a New Admissibility Criterion before the ECtHR – Necessary Development or Too Far-Reaching...
“Significant Disadvantage” Suffered by the Applicant as a New Admissibility Criterion before the ECtHR – Necessary Development or Too Far-Reaching...

Author(s): Katarzyna Holy
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: European Convention on the Protection of Human Rights and Fundamental Freedoms; European Court of Human Rights; Protocol no. 14

Summary/Abstract: The new admissibility criterion of “significant disadvantage” suffered by the applicant, introduced by Protocol 14 to the European Convention of Human Rights, remains one of the most controversial aspects of the reform. Intended to amend the system, at least to some extent, despite having been in force since 1 June 2010, it turned out to have a marginal effect in practice so far. Neither was the Court able to develop profound jurisprudence on the issue, nor it contributed to improving the efficiency of the Court’s work. On the other hand however, it is beyond any doubt that reforms within the Strasbourg system are necessary. Unless the new criterion is not detrimental to its fundamental principles, it might become very useful in filtering the most marginal cases. Nonetheless, apart from awaiting what the future in this field brings, it is moreover advisable to search for further solutions.

  • Issue Year: 2012
  • Issue No: 4
  • Page Range: 21-34
  • Page Count: 14
  • Language: English