Protokół 15 do Europejskiej konwencji Praw człowieka
Protocol 15 to the European Convention of human rights

Summary/Abstract: Protocol 15 to the European Convention of Human Rights is, first of all, a procedural protocol introducing certain changes in the Section II of this Convention concerning the control mechanism which was set up in order to ensure that its material provisions are executed. However, it also introduces certain changes in the Preamble to the Convention referring to the subsidiarity principle and a margin of appreciation which parties to the ECHR enjoy. The latter appears to be most controversial and objectionable of all the changes as it puts emphasis on the matter of the self-restrain kind of interpretation of ECHR which may be more in favour of state-parties than individuals. It will thus depend on the Court to what extend it will defer to national authorities as the result of this amendment. Other, procedural changes, include introducing upper age limit for candidates for judges,removing the upper age limit for retirement, removing the possibilities of the parties to object to relinquishment of jurisdiction by a Chamber in favour of the Grand Chamber,reducing the time limit for applications down to four months; and weakening guarantees connected with the application of the “significant disadvantage” admissibility criterion. These changes of a relatively minor character are not likely to significantly enhance to procedural effectiveness of the Court.

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