Reform of the European Court of Human Rights – current developments

This article deals with three current reform initiatives which are in the process of final confirmation by the Member-States. The 15th Protocol will create a textual basis for the “margin of appreciation” doctrine, which – up to now – remains a jurisprudential creation of the Strasbourg Court. The 16th Protocol provides for the procedure of “advisory opinions” which will be issued by the Strasbourg Court upon requests of national highest courts. Both Protocols were recently adopted by the Council of Europe and now await ratification by the Member-States. Furthermore, the final draft of the agreement on EU accession to the European Convention is now in the last stage of consultations and, unless rejected by the Luxembourg Court, may also have a good chance to enter into ratification stage.