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Green light for Draft Protocol 15 to the European Convention on Human Rights by the Legal Affairs Committee

Strasbourg, 19.03.2013 - On the basis of a report by Christopher Chope (United Kingdom, EDG), the Legal Affairs Committee, meeting in Paris today, agreed that the Draft Protocol 15 to the European Convention on Human Rights, which the Committee of Ministers has submitted to PACE for opinion, could be adopted and opened for signature and ratification as presently drafted, without amendment.

The committee noted that Protocol 15, an amending protocol, provides for the insertion of a reference to the principle of subsidiarity and the doctrine of the margin of appreciation, as was decided at the Brighton Conference back in April 2012.

Among the Protocol's other main features, the committee said, were the possibility for judges to serve on the European Court of Human Rights until the age of 74, instead of currently 70, the streamlining of the procedure of relinquishment of jurisdiction by a Chamber in favour of the Grand Chamber and the 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. In order to ensure that the Court need not concern itself with trivial matters, the Protocol also removes the admissibility requirement that no case can be rejected if it has not been duly considered by a domestic court, the Committee concluded.