Al treilea pilon al Noii Reforme la Curtea Europeană a Drepturilor Omului
The third pillar of the New Reform at the European Court of Human Rights

Summary/Abstract: Protocol 16 to the European Convention on Human Rights ends the new reform at the Court. It is an optional protocol that will come into force once it is ratified by 10 states party to the Convention. Through the consultative approval created by the Protocol states are granted access to the Court. The highest courts, chosen by the states, will have locus standi in the approval procedure. This last pillar of the reform changes the logic of the system of protection. It is unclear whether the consultative character of the approval is compatible with the authority of the Court in matters related to the interpretation of the Convention. Also noticeable is the contradiction between the original purpose of the system, i.e. to encourage the access of individuals to the international courts, and the current purpose, i.e. of facilitating the access of national courts to the Court. The costs of the reform have been transferred nontransparently and somewhat undemocratically to the beneficiaries of the rights instead of being absorbed by the system of protection. This marks the end of an era in the history of the Court.

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