Protocol No. 15 to ECHR Enters into Force
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.