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European Court announced protocol N14 of the convention on protection of human rights and major freedom ready for signing. Protocol N14 aims at increasing effectiveness of work of the European court on human rights. One of the goals of this protocol is not to admit cases having no prospects. Case will be considered to be unadopted if a person did not suffer from “great damage”. It can be applied if complaint is not required as a matter and after duly investigation by internal court.
The committee of ministers can apply to the European court for commenting a decision due to new mechanism. If the committee considers that the country does not fulfill decision on the case, the committee can set issue about fulfillment of obligations by the state before the European court. Moreover, a judge considering a case independently can announce that complaint is not admitted or exclude it out of list of court’s cases upon the protocol.
The committees consisting of three members make a decision about adoption of complaints. If an issue connected with commentary or use of the convention or its protocols has already been a topic of legal precedent, committees can announce about unanimous adoption of this issue and make a decision on this regards.
Two provisions concerning adoption of protocol N14 will have legal effect for nations that will sign this document, plenipotentiary representative of Azerbaijan in the European court Chingiz Askerov told Trend News on June 1. The Ministry of Foreign Affairs must launch procedures for Azerbaijan to sign this agreement, he said.
