Terms of reference
The GT-GDR-B is required to
prepare:
A
draft Protocol no. 15 to the Convention and explanatory report thereto:
introducing
a reference to the principle of subsidiarity and the doctrine of the
margin of appreciation into the
Preamble of the Convention (see
paragraph 12.b) of the Brighton Declaration)
shortening
to four months the time limit for making an application to the Court
(see paragraph 15.a) of the
Brighton Declaration);
amending
the “significant disadvantage” admissibility criterion by removing the
condition that no case may be
rejected on this ground which has not been
duly considered by a domestic tribunal (see paragraph 15.c) of
the Brighton Declaration);
removing
the parties’ right to object to relinquishment of jurisdiction by a
Chamber to the Grand Chamber
(see paragraph 25.d) of the Brighton
Declaration); and
replacing
the age limit for judges with a requirement that they be no older than
65 years of age at the date
on which their term of office commences (see
paragraph 25.f) of the Brighton Declaration).
A
draft Protocol no. 16 to the Convention and explanatory report thereto,
concerning advisory opinions (see paragraph 12.d) of the Brighton
Declaration).
After their examination by the Committee of experts on
the reform of the Court (DH-GDR), the draft protocols will then be
examined and adopted by the Steering Committee for Human Rights (CDDH)
for transmission to the Committee of Ministers.
Deadline: 15 April 2013
Progress
The GT-GDR-B held the following
meetings:
12-14
September 2012
10-12
October 2012
The DH-GDR examined the two draft protocols and their
explanatory reports at its 2nd meeting (29-31 October 2012) and
transmitted them to the CDDH.
The CDDH, at its 76th meeting:
adopted
draft Protocol no. 15 and its explanatory report and decided to transmit
them to the Committee of Ministers ;
provisionally
adopted draft Protocol no. 16, subject to a full examination of the
explanatory report thereto by the DH-GDR at its next meeting.
At their
1159th meeting, (16 January 2013), the Ministers’ Deputies decided to
transmit draft Protocol no. 15 to the Parliamentary Assembly and the
European Court of Human Rights for opinion.