Tuesday, 30 April 2013

New Protocol 15 amending the ECHR expected soon

     Draft Protocol 15 to the Convention, as approved last week by the Parliamentary Assembly of the Council of Europe (PACE), will bring the following changes once signed and ratified by the States Parties:
-principle of subsidiarity and doctrine of margin of appreciation - express mention in the Convention Preamble;
-age limit for judges' mandates - extended to 74;
-relinquishment in favour of the Grand Chamber - no longer dependent on the parties' positions;
-time limit for introducing a case - reduced from 6 to 4 months;
-deletion of the safeguard clause concerning the 'no significant disadvantage' criterion.

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