The devil is in the details: does the end of Protocol n° 16 to the ECHR lie in the wrinkles of the EU accession to the ECHR process?
Abstract
The article is aimed to give an overview on the issues concerning the coordination of Protocol n°16 mechanism and the preliminary ruling in the context of the negotiation process for the EU accession to the ECHR, recently resumed. The attention is focused on the solution envisaged during the first negotiation meetings to coordinate the advisory mechanism ex Protocol n° 16 and the preli [...]
Comparative Law at the European Court of Human Rights: the Quest for “Consensus” in the Advisory Opinion Mechanism
Abstract
While it is undeniable that Protocol n° 16 may strengthen the interaction between the European Court of Human Rights and national authorities, it is still questionable if the recourse to the comparative method will play a different role in the new advisory mechanism. This paper aims at verifying whether a more abstract approach – and less linked to a specific case – can modify the d [...]
The Italian debate about the ratification of Protocol n. 16
Abstract:
This paper focuses on the controversial debate related to the Italian ratification of Protocol no. 16, recently animated by the decision of Italian Chamber of Deputies to postpone the ratification: behind that parliamentary decision there is a lively discussion around the role of the Italian constitutional Court and the fear of problematic relationships between the request to the ECtH [...]
New opinions ex Protocol no. 16 to the ECHR and the Inter-American advisory practice: some comparative remarks
Abstract:
The analysis of the disciplines of European and Inter-American consultative procedures has already been addressed by the doctrine, particularly in light of the growing cooperation between the two regional systems. However, the first advisory opinions ex Protocol No. 16 to ECHR bring new concrete elements for understanding the European consultative procedure’s functioning and for compa [...]
