STUPANJE NA SNAGU PROTOKOLA 16 UZ EVROPSKU KONVENCIJU O LJUDSKIM PRAVIMA: NOVI KORAK U RAZVOJU EVROPSKOG PRAVA LJUDSKIH PRAVA
THE ENTRY INTO FORCE OF PROTOCOL NO. 16 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS: A NEW STEP FORWARD IN HUMAN RIGHTS PROTECTION IN EUROPE

Summary/Abstract: Protocol 16 to the European Convention on Human Rights (ECHR) introduces a mechanism enabling certain domestic courts to seek advisory opinions from the European Court of Human Rights (EctHR) as part of broader reform efforts to enhance the efficiency and legitimacy of the Court. This article provides an overview of the functioning of the Court’s new advisory capacity and explains the context of the initiative. The new tool was primarily designed to enhance the relationship between national courts and the ECtHR by institutionalizing the dialogue between judges. This dialogue will take place on the highest possible level, i.e. between the Grand Chamber and the highest national courts. The Court’s advisory opinions are not binding. This article concludes that the new advisory procedure will enhance the erga omnes effect of the Convention.

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