Effectiveness of Protocol No. 16 to the European Convention on Human Rights and its potential constitutional impact in Spain
Abstract
This essay tackles Protocol No. 16 to the ECHR as a positive instrument for judicial dialogue and effective multilevel protection of fundamental rights. Such approach is emphasized in Part I, together with the praxis of the ECtHR’s advisory jurisdiction since the entry into force of Protocol No. 16 on 1 August 2018. Part II examines the virtuality and effectiveness of Protocol No. 16 in Spain by criticizing, on the one hand, Spain’s incomprehensible reluctant position towards the acceptance of the Protocol and, on the other hand, its potential indirect constitutional impact on our country. Part III focuses on the projection of Protocol No. 16 within the European Union and on the need to articulate the triple relationship between the ECtHR, the CJEU and the National Courts. Finally, Part IV includes some final conclusions and proposals aimed at underlining the role of Protocol No. 16 as an optimisation vector of the constitutional fundamental rights system in Spain.
Received: 15.05.2022
Accepted: 14.06.2022
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Last update: 08/02/2022
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