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Streamlining Strasbourg: Protocol 14 Comes into Force
Protocol 14 to the European Convention on Human Rights came into force on 1st June 2010. The Protocol modifies the way in which applications to the European Court are considered before they are given leave to proceed to a full hearing. The Protocol fulfils this function by giving judges ''''''''filtering'''''''' powers and introducing new admissibility criteria, thus streamlining the Court''''''''s pre-action approach and avoiding unnecessary hearings on over-litigated subjects
The Protocol fulfils this function by giving judges ''''''''filtering'''''''' powers and introducing new admissibility criteria, thus streamlining the Court''''''''s pre-action approach and avoiding unnecessary hearings on over-litigated subjects. The procedure of deciding whether or not the Court should hear applications in full is made more efficient and less labour-intensive under the Protocol. A single judge will now have the power to reject applications with are blatantly inadmissible in instances where “a decision can be taken without further consideration” i.e. where it is so obvious as to not require further consideration. The decision to declare such an application inadmissible will be final. The Protocol also allows committees consisting of three judges to make decisions on the admissibility of applications based on their merits. This power will only apply in cases where an established precedent already exists. The Protocol also introduces a new admissibility criterion. Applications will be declared inadmissible where the applicant has not suffered a significant disadvantage or if the application is not one which requires the intervention of the European Court. This means that cases which do not raise serious questions affecting the application or interpretation of the Convention or important questions concerning national law or those which do not require intervention for some other reason will not reach the reach the Chamber. Pre-action conduct is also an aspect of Human Rights litigation which is modified by the Protocol. Efficiency appears to have become a priority of the court and the new Protocol seems set to mimic the trend of settling disputes out of court with the introduction of ADR- style “friendly settlements. These will be encouraged particularly in cases relating to common and frequently litigated subject matter. These negotiations will have the advantage of being supervised by Committee of Ministers. The source of repetitive cases will also be cracked down on by the Committee of Ministers, which will have the power to initiate proceedings against the offending member state in order to enforce compliance with judgments made against them. This power will only be used in exceptional circumstances and even then will be discretionary and will require and 2/3 majority before proceedings are brought. These new procedural rules and other changes introduced by the Protocol will apply to all pending applications, however the new admissibility criteria will not apply to pending applications already declared inadmissible by the June 1.
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Posted by: Rebecca Norris
Published on: 10/06/2010 09:58:03
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