The newest Protocol n0 15 of the European Convention on Human Rights enters into force.

On the 1st of August 2021, Protocol no. 15 to the European Convention on Human Rights (ECHR) entered into force. The Protocol aims to enhance the efficiency and effectiveness of the Court, by making five changes to the Convention. Firstly, Protocol no. 15 amends Article 1 of the ECHR by making an explicit reference to the principles of the ‘margin of appreciation’ and ‘subsidiarity.’ Their explicit incorporation emphasises their importance to the jurisprudence and operation of the Court. Moreover, the Protocol reduces the highest age limit of judicial candidates presented to the Parliamentary Assembly from 70, to 65 years of age. As stated in the Protocol’s explanatory report, the age limit was reduced to ensure that more judges would complete their nine-year term of office. In addition, the parties to a case can no longer oppose the relinquishment of jurisdiction to the Grand Chamber if the case raises a “serious question affecting the Convention or the Protocols” or contravenes established jurisprudence (see Article 30 ECHR). Furthermore, the maximum time taken to lodge an application at the European Court of Human Rights, has been reduced from 6 months to 4 months following a final decision by a national judicial organ. It is worth noting that this provision will only enter into force on the 1st of February 2022. Lastly, the Protocol altered the admissibility criteria set forth under Article 35(3)(b) of the Convention. Namely, if the applicant has not suffered “a significant disadvantage,” it is no longer required that the case has been “duly considered by a domestic tribunal.”