Publication details

Convention in the Times of COVID-19: Who is the Master of International Treaties?

Authors

MAJERČÍK Ľubomír GROCHOVÁ Martina

Year of publication 2020
Type Article in Periodical
Magazine / Source Czech Yearbook of Public & Private International Law (Vol.11) - 2020 Read more: https://www.cyil.eu/contents-cyil-2020/
Citation
Web https://rozkotova.cld.bz/CYIL-vol-11-2020/33/
Keywords European Convention on Human Rights, covid-19, coronavirus, public international law, treaty law, European Court of Human Rights
Description The paper examines the current decision of the European Court of Human Rights to extend certain time-limits, including the six-months for lodging an application, due to the COVID-19 crisis. It has been first announced on 16 March and prolonged on 16 April for further two months, thus extending the time-limit for lodging applications fixed in the Convention by half. Neither of the two Press Releases informing the public about the measures contains any information regarding the entity that took the decision, whether it has been adopted unanimously and what legal basis it has. The paper discusses the measures in the context of the relevant provisions of international law, in particular Article 15 of the Convention and Article 62 of the Vienna Convention. The authors argue that even though the decision is understandable, it is, however, problematic in the light of international law and its fundamental principles.

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