On 1st of August of this year entered into forced the Protocol 16 to The European Convention on Human Rights and Fundamental Freedoms (European Convention), also known as the "dialogue Protocol".
It gives opportunity to the highest domestic courts or tribunals of the member states to apply The European Court of human Rights for an advisory opinion on the fundamental issues concerning the interpretation of the rights and freedoms prescribed by the European Convention.
Armenia ratified the protocol on 27 October 2016 and now the advisory opinions are available for the Constitutional Court and the Court of Cassation of RA.
They will be able to request an advisory opinion only in the context of the case having to justify the request and provide the relevant legal and factual basis for the case. The procedure is not intended, for example, to allow for abstract review of legislation which is not to be applied in that pending case.
An advisory opinion will be delivered by the Grand Chamber of the ECHR.
Besides Armenia, the Protocol entered into force for Albania, Estonia, Finland, France, Georgia, Lithuania, San Marino, Slovenia and Ukraine as well.
The entry into force of Protocol No. 16 will strengthen dialogue between the European Convention on Human Rights and the national higher courts.