Protocol No. 15 to ECHR Enters into Force
17 November 2021
andras_csuri_1fc5ccbce0.jpg Dr. András Csúri

On 1 August 2021, Protocol No. 15 (adopted in 2013) amending the ECHR, entered into force. The Protocol amends the Preamble to the Convention, which now includes a reference to the subsidiarity principle and to the margin of appreciation doctrine (→eucrim 1/2021 p.39).

In addition, the ECtHR is being reformed, in particular by reducing the time limit for submitting an application to the Court following a final domestic decision from six to four months starting 1 February 2022. Other changes include:

  • Deletion of the admissibility criterion “significant disadvantage,” i.e. that a case cannot be rejected if it has not been duly considered by a domestic tribunal;
  • The parties to a case may no longer object to its relinquishment by a Chamber in favour of the Grand Chamber;
  • Candidates for a post as judge at the ECtHR must be younger than 65 years of age on the date on which the list of three candidates was requested by the Parliamentary Assembly.

News Guide

Council of Europe Human Rights Issues

Author

andras_csuri_1fc5ccbce0.jpg
Dr. András Csúri

Institution:
Vienna University of Economics and Business