PROTOCOL NO. 16 TO THE CONVENTION, THE PRINCIPLE OF SUBSIDIARITY AND A NEW AUTHORITY OF THE CONSTITUTIONAL COURT

Abstract

National justice based on the European standards of the human rights and fundamental freedoms is a principal component of a democratic state and the rule-of-law.

One of the basic aims of the Protocol no. 16 to the European Convention for the Protection of Human Rights and Fundamental Freedoms is to achieve approximation of national justice of contracting parties to the Convention with the European standards. The Protocol which has not yet entered into force and which is already ratified by Georgia aims at extending advisory jurisdiction of the European Court of Human Rights. Upon entry into force of the Protocol, Supreme Court and Constitutional Court of Georgia will be authorized to request advisory opinions from the European Court of Human Rights concerning the interpretation and application of the human rights and fundamental freedoms in the context of a case pending before them.

In the article below an essence of advisory opinion and the accompanying results will be dis-
cussed. Negative expectations followed to the adoption and ratification of the Protocol by

Georgia will be analyzed. Advisory jurisdiction as an effective mechanism for the protection of human rights at national level will be discussed. Besides, new power of the Supreme Court and Constitutional Court of Georgia will be analysed, its positive and negative aspects in terms of effective justice, protection of the human rights and independence of courts in the process of delivery of judgments.