Gloss on the Protocol on Dialogue

Abstract

The Protocole Nr. 16 amending the European Convention introduces the procedure on the request for an advisory opinion and it is regarded as a binding agent between the ECHR and the highest jurisdictions of the Member States. The paper takes into account the novelties of the document and, at the same time, revisits some issues that could make the reform proposed by the Protocol not have an immediate impact (in facilitating a decrease in the number of individual applications to the ECHR) and not contribute to a genuine dialogue between the ECHR and the internal courts.

Keywords: Protocole on Dialogue, the advisory competence of the ECHR, the EU’s accession to the European Convention

JEL Classification: K33