April of 12-th France has ratified Protocol No. 16 to the European Convention on Human Rights. This has brought the number of ratifications to ten, which is enough for the Protocol to enter into force on 1 August 2018 for all the countries that have ratified it before, including Armenia. Armenia ratified the Protocol on 31 July 2017.
The Protocol establishes dialogue between the Strasbourg Court and the higher courts designated by the member States (in Armenia, the Constitutional Court of the Republic of Armenia and the Court of Cassation of the Republic of Armenia – see Declaration by Armenia).
The Protocol enables these higher courts to transmit to the European Court requests for advisory opinions on questions of principle regarding the interpretation or application of the rights and freedoms set forth in the Convention. Such requests must concern cases pending before the national courts. The advisory opinions issued by the Strasbourg Court will be reasoned and non-binding.
The President of the European Court of Human Rights, Guido Raimondi, warmly welcomed this tenth ratification: “The entry into force of Protocol No. 16 will strengthen dialogue between the European Convention on Human Rights and the national higher courts. This is a milestone in the history of the European Convention on Human Rights and a major step forward in human rights protection in Europe, as well as being a fresh challenge for our Court”.
Official press-release is HERE
