Nowe podstawy formalnoprawne dla dialogu pomiędzy sądami krajowymi a Europejskim Trybunałem Praw Człowieka
New formal and legal basis for dialogue between national courts and the European court of human rights. Protocol 16 to the European Convention of human rights

Summary/Abstract: The protocol 16 to the European Convention of Human Rights introduces for the first time the procedure allowing national courts to request the European Court of Human Rights to give advisory opinions on question of principle relating to the interpretation or application of the rights and freedoms defined in the Convention or the protocols. Despite the critical voices as regards the particular solutions adopted in Protocol 16, an overall assessment of the main idea of this Protocol is positive. It creates undoubtedly the first formal legal basis for a dialogue between key judicial authorities in the Member-Sides of the Convention and the (Strasbourg Court). Although the primary objective of this dialogues to strengthen the implementation of the provisions of the Convention in the domestic sphere, the institution of request for an advisory opinion by national courts will act as a constructive instrument in shaping European human rights standards. The introduction of a new mechanism will be also another step towards making the Strasbourg Court the constitutional court determining the most important issues concerning the human rights standards at the European level.

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