Od sveobuhvatnih reformi do privremenog rešenja: Protokol br. 14 bis uz Evropsku konvenciju za zaštitu ljudskih prava i osnovnih sloboda
From the Far-Reaching Reforms to the Temporary Solution: Protocol No. 14 Bis to the European Convention on Human Rights

Author(s): Milica V. Matijević
Subject(s): Human Rights and Humanitarian Law, EU-Legislation
Published by: Institut za uporedno pravo
Keywords: European Court of Human Rights; Protocol no. 14; inadmissible applications; “repetitive cases”; Protocol no. 14 bis
Summary/Abstract: Almost since its establishment as a permanent international court, the European Court of Human Rights has been facing an each year more and more alarming number of unresolved cases. The 2004 reforms have not solved the problem due to the failure of the Protocol no. 14 ratification process, with the exception of the Resolution Res(2004)3 which has had an impact, though of a limited character, on the processing of the so-called “repetitive cases”. A partial solution to the stalemate in which the control mechanism has ended up after the refusal of the Russian Duma to ratify the Protocol no. 14 could be found in the adoption of the new Protocol no. 14 bis, which will enter into force on 1st of October 2009. However, a through redefinition of the roles of the national legal systems and the Court in securing the Conventional rights is also needed.

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