Publication details
Hledání šifry k textu, příčinám i důsledkům Protokolu č. 15 k Evropské úmluvě o lidských právech
| Title in English | Decoding the Text, Causes for, and Consequences of Protocol No. 15 to the European Convention on Human Rights |
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| Authors | |
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Právník: teoretický časopis pro otázky státu a práva |
| MU Faculty or unit | |
| Citation | |
| web | Repozitář MU |
| Field | Law sciences |
| Keywords | European Court of Human Rights; Protocol No. 15; United Kingdom; subsidiarity and margin of appreciation; Great Powers |
| Attached files | |
| Description | Protocol No. 15 adds a recital to the Preamble a/the European Convention on Human Rights. It refers to the principle ofsubsidiarity and to the "margin of appreciation". The assessment afthis amendment results in perceiving it as a measure which aims atdilutingquasi-federal elements in the Convention implementation mechanisms. Proportionately to this weakening, intergovernmental pillars should be partially reinstated. The latter ones once constituted the core a/this Convention. However. they were largely dismantled by the assertive case-law of the European Court of Human Rights, and eventually removed by Protocol No. 11. The main instigator of this change is the United Kingdom. Nevertheless, it is not sure whether the British ideas will be shared by the European Court of Human Rights, who is the ultimate interpreter of the Convention, otherwise further tensions in the application of the Convention may be expected. Protocol No. 15 may be equally seen as another instance demonstrating difficulties in the realization of international cooperation with supranational elements when Great Powers are partiCipating. Those Powers have the tendency to seek subsequent "repatriation" of the elements of their sovereign powers which they had originally put in that cooperation with like-minded states. The reason is that they fail to adequately exert their influence within the supranationai environment and have to follow the will of "foreign" bodies. |