Maria Luisa Padelletti

The Protocol No. 15 to the European Convention of Human Rights: What Future for Individual Complaints Before the European Court of Human Rights?

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Abstract

Following the Action Plan adopted at the end of the Brighton Conference, Protocol No. 15 introduces several changes to the European Convention of Human Rights with the aim of ensuring sustainability of the judicial review of human rights and reaffirming the primary responsibility of States to ensure implementation and effectiveness of the rights protected by the Convention. After a short analysis of the abovementioned changes, the article focuses on the new recital included in the preamble to the Convention, containing a reference to the national margin of appreciation and to the principle of subsidiarity.

Keywords

  • Subsidiarity
  • Margin of Appreciation
  • Protocol No. 15
  • Human Rights
  • ECHR
  • Brighton Conference

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