Review article
https://doi.org/10.30925/zpfsr.40.2.10
JUDICIAL DIALOGUE IN THE LIGHT OF PROTOCOL NO. 16 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS
Bruna Žuber
orcid.org/0000-0003-1137-4561
; University of Ljubljana, Faculty of Law and Supreme Court of the Republic of Slovenia, Ljubljana, Slovenia
Špela Lovšin
; University of Ljubljana, Faculty of Law, Ljubljana, Slovenia
Abstract
The authors discuss legal nature of the Protocol No. 16 to the European
Convention on Human Rights (ECHR) which entered into force on 1 August 2018. With the aim of improving the judicial dialogue between European Court of Human Rights (ECtHR) and highest national courts, the Protocol No. 16 introduced the advisory opinion procedure at the ECtHR level. A detailed analysis of the impact of advisory opinion procedure on the judicial dialogue is included and is further supported by the reviews of cases at the ECtHR against Slovenia, Belgium and Italy, which illustrate how a possibility to request an advisory opinion could have prevented finding of a human right’s violation on the Strasbourg level and raised the effectiveness of human rights standards. The authors believe the Protocol No. 16 has brought a lot of potential for improvement of the judicial dialogue, which could lead to better understanding of ECHR standards, as interpreted by the ECtHR, and therefore prevent human rights violations already on a national level.
Keywords
judicial dialogue; Protocol No. 16 to the European Convention on Human Rights; advisory opinion; European Court of Human Rights
Hrčak ID:
224545
URI
Publication date:
23.8.2019.
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