Los protocolos de reforma nº 15 y 16 al Convenio Europeo de Derechos Humanos

Abstract

The development of the jurisdiction of the European Court of Human Rights since the entry into force of the Protocol no. 11 in 1998 has led to a process of Court reform whose latest exponents are Protocols no. 15 and 16. Both Protocols pursue two goals: on the one hand, to improve Court proceedings in order to provide a speedy response to the cases before it; on the other, to promote dialogue with the national authorities to facilitate the protection of human rights at the national level. Within this framework, Protocol 15 stresses the importance of the concepts of subsidiarity and national margin of appreciation, as well as introducing several changes in the Court's procedure. Protocol 16 creates a new proceeding, allowing the national courts to ask the European Court for advisory opinions concerning the interpretation and application of the European Convention on Human Rights.