"Chestiunile de principiu", în sensul art. 1 P. 1 din Protocolul nr. 16 la Convenţia Europeană a Drepturilor Omului

dr. IOAN I. BĂLAN*

^* e-mail: ii.balan@yahoo.com

ABSTRACT

Protocol No. 16 to the European Convention on Human Rights allows the highest courts and tribunals of a State Party to request the Court to give advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined in the Convention or the protocols thereto. These questions must be raised in the context of a case pending before a high-ranking national court, and the court must provide the European Court of Human Rights with the relevant legal and factual background.

A question that can be the subject of an opinion must also be a question ‘of principle’.

In Protocol No. 16 to the European Convention on Human Rights, ‘questions of principle’ within the meaning of Article 1 P. 1 refer to fundamental issues related to the interpretation or application of the Convention's...