ПРОТОКОЛ БРОЈ 11 УЗ ЕВРОПСКУ КОНВЕНЦИЈУ О ЗАШТИТИ ПРАВА ЧОВЕКА И ОСНОВНИХ СЛОБОДА
PROTOCOL NO. 11 TO THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Summary/Abstract: Upon three-year lasting negotiations in the Council of Europe, the Protocol No. 11 to the European Convention for the Protection of Human Rights was signed on May 11th in Strasbourg. This Protocol exerted a far- reaching reformation in the supervisory mechanism set up by the Convention. Instead of the existing Commission and Court, the foundation is foreseen of a Permanent European Court of Human Rights having compulsory jurisdiction and right to individual petition.After giving the introductory note on the supervisory mechanism significance, previous work of the Commission and Court and reasons for and aims of the reformation, the author analyzes the Protocol contents in the first part of the paper. In this, he has particularly treated the composition, selection, organization, jurisdiction and rules of procedure before the new European Court of Human Rights.The second part of the paper deals with the conditions for the Protocol coming into force and with its transitory provisions. The solution by which the consent of all the member states of the Council of Europe is indispensable for the Protocol effectuation is regarded a consequence of its amendatory nature by the author. In the opposite, that is, on condition that the Protocol be of a facultative nature, a parallel existence of the Commission and Court and the new European Court would be inevitable in future.In the final part, the reasons for the rejection of the Protocol by some governments - Convention contracting parties are explained. These reasons not only make uncertain the term of the new European Court foundation, but endanger its foundation in general. However, the author thinks that such pessimistic prognosis is inappropriate. According to his opinion, it is to be expected soon that all the members of the Council of Europe ratify the Protocol and that millions of their citizens shall enter the 21st century with a new, "supreme" or "constitutional" court of human rights.

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