Italy Ratifies Protocol 15 ECHR, Triggering its Entry into Force Across all CoE [1]
On April 21, 2021, Italy ratified Protocol 15 [3] to the European Convention on Human Rights [4]. Its ratification triggers the entry into force of the Protocol in all Council of Europe member states from August 1, 2021. The three-page Protocol adds to and amends the Convention in a number of ways. For example, it adds a new recital to the Convention's Preamble, affirming the principle of subsidiarity and the margin of appreciation doctrine. It also introduces a new paragraph 2 in Article 21 (Criteria for office), stating that candidates for the Court must be less than 65 years old at the time the list of candidates is requested by the Parliamentary Assembly. Article 3 of the Protocol eliminates a party's power to object to a Chamber's relinquishment of jurisdiction to the Grand Chamber, under Article 30. With regard to case admissibility criteria in Article 35, the Protocol reduces from six to four months the period which must pass after a final decision has been taken at domestic level before the Court can take a case. The Protocol also alters Article 35(3)(b) so that the Court can declare an application inadmissible if the applicant "has not suffered a significant disadvantage," regardless of whether a domestic authority has considered the case.