PACE approves Draft Protocol No. 15 to the Convention for the Protection of Human Rights and Fundamental Freedoms
Strasbourg, 26.04.2013 – Draft Protocol No. 15 to the Convention for the Protection of Human Rights and Fundamental Freedoms can be adopted by the Committee of Ministers and opened for signature and ratification as presently drafted, without amendment, according to the Parliamentary Assembly.
The opinion adopted by PACE, on the basis of a report by Christopher Chope (United Kingdom, EDG), spells out that – among other things – the draft protocol provides for the insertion, in the Convention’s preamble, of a reference to the principle of subsidiarity – everyone must complete all procedures at national level before bringing a case to the Court – and the doctrine of the margin of appreciation – that it is for the Court to rule on interpretation of the Convention in each case brought before it.
The draft protocol also amends the Convention by providing for the possibility for judges to serve on the European Court of Human Rights until the age of 74 (the present age limit is 70) and by shortening, from six to four months, the time limit within which an application can be brought before the Court after all domestic remedies have been exhausted.