Italy Ratifies Protocol 15 Amending the ECHR

Kamilla Sorskar Engen, International Law and Affairs Officer

Protocol No. 15 adds to the Preamble and amends several provisions of the Convention. The President of the ECtHR, Robert Spano, noted that, “The Court is well prepared for the entry into force of Protocol No. 15. In due course, all the relevant information on the measures that will be put in place to secure the smooth functioning of the work of the Court will be posted on its website.”
According to the CoE press release, the amendments instituted by Protocol No. 15 include changes to the functioning of the Court:
• Adding a reference to the principle of subsidiarity and the doctrine of the margin of appreciation to the Preamble of the Convention;
• Shortening from six to four months the time limit within which an application must be made to the Court;
• Amending the ‘significant disadvantage’ admissibility criterion to remove the second safeguard preventing rejection of an application that has not been duly considered by a domestic tribunal;
• Removing the right of the parties to a case to object to relinquishment of jurisdiction over it by a Chamber in favour of the Grand Chamber;
• Replacing the upper age limit for judges by a requirement that candidates for the post of judge be less than 65 years of age at the date by which the list of candidates has been requested by the Parliamentary Assembly.

The Protocol: https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/0900001680084831

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