Autore
Seminara, LetiziaTitolo
Le Protocole 16 a la CEDH: la Cour européenne des droits de l'homme va chez le guérisseurPeriodico
Ordine internazionale e diritti umaniAnno:
2014 - Fascicolo:
5 - Pagina iniziale:
1030 - Pagina finale:
1048The European Convention on Human Rights did not contain, at its origin, a
provision allowing the European Court of Human Rights to give advisory opinions.
Despite the proposals made, it is only with Protocol n. 2 that this Court was first provided
with this competence, which was still limited to ‘legal questions’ asked by the Committee of
Ministers. The Court’s advisory jurisdiction remained thus exceptionally exercised and
marginalised to ‘technical’ matters and, for several years, only a few questions had been
submitted. Protocol n. 16 further conferred to the Court the competence to give advisory
opinions on questions of principle relating to the interpretation or application of the rights
and freedoms defined in the Convention or its protocols, upon request from the highest
courts and tribunals of a High Contracting Party. Differently to Protocol n. 2, this Protocol
could represent for the Court the genuine rise of its advisory jurisdiction. The present
paper aims to describe the new scenario that this kind of ‘juridical revolution’ could set up
for the European human rights protection system. It examines the benefits that the full
exercise of its advisory jurisdiction implies for this Court and for States Parties, as well as
the eventual problems it could create. Lastly, this work does not ignore the opportunities
that a broader competence could have offered to the system and identifies the missed
occasions of Protocol n. 16.
SICI: 2284-3531(2014)5<1030:LP1ALC>2.0.ZU;2-4
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