The Drafting Group B (GT-GDR-B) was tasked 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 can’t be 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). Protocol No. 16 shall allow the highest domestic courts and tribunals 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 or the protocols thereto.

The Drafting Group B (GT-GDR-B) held two meetings in September and in October 2012.

The DH-GDR examined the two draft protocols and their explanatory reports in October 2012 and transmitted them to the CDDH. In November 2012, the CDDH approved draft Protocol No. 15 and adopted its explanatory report and decided to transmit them to the Committee of Ministers.

In 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. The Court adopted its opinion on 6 February 2013. Opinion (283) 2013 of the Parliamentary Assembly was adopted on 26 April 2013.

In March 2013, the CDDH also approved draft Protocol No. 16 and adopted its explanatory report and decided to transmit them to the Committee of Ministers. In April 2013, the Ministers’ Deputies decided to transmit draft Protocol No. 16 to the Parliamentary Assembly and the European Court of Human Rights for opinion. The Court adopted its opinion on 6 May 2013. Opinion (285) 2013 of the Parliamentary Assembly was adopted on 28 June 2013.

Results

Protocol No. 15 was adopted on 16 May 2013 by the Committee of Ministers and was opened for signature on 24 June 2013.

Protocol No. 16 was adopted on 10 July 2013 by the Ministers’ Deputies and was opened for signature on 2 October 2013.

The Protocols have not yet entered into force. The CDDH decided to entrust the DH-SYSC with the systematic follow-up on the prospects of signatures and ratifications of the two instruments.

meeting reports meeting reports