Antoine Buyse and Kushtrim Istrefi
The wheels of international law often turn slowly. And so do negotiations leading to treaties or amendments of those. But even once adopted, many years may pass before entry into force. The addition of Protocols to the European Convention of Human Rights is no different in this respect. Protocol 15, introducing a number of procedural reforms and emphasizing subsidiarity and the margin of appreciation, was adopted as far back as 2013. And only this year, 2021, with the ratification by Italy as the last state party, will it finally enter into force.
As editors of the ECHR Blog editors, we have seized this momentum to take stock of the potential effects of Protocol 15 by organizing a special Blog Symposium. We have invited a group of eminent ECHR specialists to critically examine and reflect upon some of the key changes introduced by the new Protocol.
In the coming days, they will shed light on Protocol 15 from different perspectives. Janneke Gerards (Utrecht University) will focus on the Court’s approaches to issues of subsidiarity and margin of appreciation so central to the new Protocol. Lize Glas (Radboud University Nijmegen) will analyse two specific changes: the criteria for office, more specifically the age limit of candidates for the office of judge at the Court, and the relinquishment of jurisdiction by a Chamber to the Grand Chamber. Subsequently, Philip Leach (Middlesex University) will consider the consequences for victims of human rights violation who apply to the Court. And finally, Başak Çalı (Hertie School of Governance) will analyse the prospects and threats of the new Protocol for civil society, especially for the human rights organisations involved in Convention proceedings.
We wish you much enlightening reading pleasure in this week’s symposium!