ECHR Protocol 16 to enter into force following ratification by France
France has ratified Protocol No.16 to the European Convention on Human Rights, which allows the highest courts of the member states of the Council of Europe to request the court to give advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined in the Convention, in the context of cases pending before the national courts.
This was the tenth ratification, which therefore triggered the entry into force of that protocol establishing dialogue between the Strasbourg court and the higher courts designated by the member states.
This treaty will enable such courts to transmit to the 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 court will be reasoned and non-binding.
The President of the European Court of Human Rights, Guido Raimondi, welcomed this tenth ratification.
He said: “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.”
Protocol No.16 will come into force on 1 August 2018.