PROTOCOL NO. 16 TO THE ECHR IN SERBIA? PRO ET CONTRA

Abstract

Protocol No. 16. to the European Convention on Human Rights (ECHR) represents a new instrument in ECHR’ toolkit. Entered into force on August 1, 2018 he allowed national high courts and tribunals including Constitutional Courts to request advisory opinions from the European Court of Human Rights (ECtHR) on questions of principle relating to the interpretation or application of the rights and freedoms defined in the ECHR or its protocols. Under Protocol No. 16 to the ECHR, highest national courts and tribunals may submit questions to the ECtHR on issues that are not covered by the ECtHR’s existing case law or on which there is significant disagreement among the national courts of different countries. The advisory opinions of the ECtHR are not binding on the national courts but they can provide authoritative guidance on how to interpret and apply the ECHR’s provisions in specific cases.

However, so far only 25 members of the Council of Europe signed and 22 members ratified them while only nine requests have been made in the four years of operation. Why? What are the advantages and disadvantages of Protocol No. 16 to the ECHR? The goal of this paper is to answer the aforementioned questions in order to answer the question of whether Serbia needs its adoption and implementation.