Opinie doradcze ETPC na podstawie Protokołu nr 16. Ocena efektywności procedury po 5 latach od jego wejścia w życie
Advisory opinions of ECtHR under Protocol no. 16: The assessment of effectiveness of the procedure after 5 years from its entry into force

Summary/Abstract: The article presents the assessment of effectiveness of the procedure established by the Protocol no. 16 to the European Convention on Human Rights, which enables the highest domestic courts to refer to the European Court of Human Rights to issue advisory opinion. Until the end of 2023, ECtHR issued seven advisory opinions. The article discusses all seven advisory opinions, as well as previous and subsequent case-law of ECtHR and domestic courts. It enables to assess that application of Protocol no. 16 up to now has fulfilled the aims of advisory procedure to a moderate extent. Moreover, some risks have materialised, namely the risk of objectification of advisory procedure by the domestic courts and its use in the process of execution of judgments of ECtHR.

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