High Georgian courts can now turn to the European Court for advice

Beginning from August 1st, the Supreme Court and Constitutional Court of Georgia can request the European Court to give advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined in the European Convention of Human Rights.

This has become possible thanks to the entry into force of the Protocol No.16 to the European Convention on Human Rights. The protocol came into force for ten signatory states, including Georgia, which ratified it back in 2015. 

Other countries include Albania, Armenia, Estonia, Finland, France, Lithuania, San Marino, Slovenia and Ukraine. 

"The entry into force of Protocol No. 16 will strengthen dialogue between the European Court of Human Rights and thehighest national courts. This is a fundamental step in the history of the European Convention on Human Rights and a major development in human rights protection in Europe. It also represents a new challenge for our court,” the President of the European Court of Human Rights, Guido Raimondi said. 

The advisory opinions, which will be delivered by the Grand Chamber, will contain reasons and will not be binding.

Requests for advisory opinions will be made in the context of cases pending before the national court or tribunal concerned. 

The court will decide to accept a request or not at its own discretion.