Formal adoption of Protocol 15 to the European Convention on Human Rights

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Date: 
Friday, October 4, 2013

On 16 May, the Committee of Ministers of the Council of Europe adopted and opened for signature and ratification the latest amendments to the European Convention on Human Rights. They will enter into force once all the 47 States Parties to the Convention have ratified the new Protocol 15. The amendments introduced to the Convention are in short the following:


-The introduction, in the Preamble of the Convention, of a reference to the principle of subsidiarity and the doctrine of the margin of appreciation as developed in the case-law of the European Court of Human Rights.


-The removal of the possibility given to the parties to oppose to the relinquishment of jurisdiction by a Chamber in favour of the Grand Chamber.

-The shortening of the time-limit to present applications to the Court from six to fourth months since exhaustion of domestic remedies.

-Cases where the applicant has not suffered a significant disadvantage should be declared inadmissible even if they have not been duly considered by a domestic court.

Read the full text of  the Protocol on the website of the Council of Europe.


This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.

                                                     

 

Tags: 
ECHR
Committee of Ministers
Council of Europe