NGOs under European Convention on Human Rights / Tymofeyeva

PART II.

2.10 Article 34 NGOs’ rights in the Protocols to the Convention

2.10.1 Opening Apart from the rights set forth in the Convention of 1950, we may also find a number of guarantees applicable to Article 34 NGOs in the Protocols to the Convention adopted later. 1117 As it was mentioned previously, the rights envisaged in these Protocols are actually an integral part of the Convention rights themselves. Delimitation of these rights into two groups, namely, the rights in the Convention itself and those in its Protocols, only follows the aim of making this book well-arranged and easily readable. Thanks to this separation, it will be much more convenient for a reader to find particular information on provisions concerning Article 34 NGOs’ guarantees under this international treaty. For the moment, the Convention contains fourteen additional Protocols, which have gained entry into force. 1118 On 24 June 2013, the Committee of Ministers examined and decided to adopt the draft of Protocol No. 15 to the Convention (CETS No. 213). 1119 On 2 October 2013, it also adopted Protocol No. 16 to the Convention (CETS No. 214). 1120 These two Protocols are mostly of procedural nature. Protocol No. 15 amending the Convention introduces a reference to the principle of subsidiarity and the doctrine of the margin of appreciation. It also reduces from six to four months the time limit within which an application may be made to the Court following the date of a final domestic decision. Protocol No. 16 to the Convention envisages the possibility for the highest courts and tribunals of a State Party to request the Court to give advisory opinions on questions of principles relating to the interpretation or application of the rights and freedoms defined in the Convention or the Protocols thereto. Protocol No. 15 set forth more important issues and its adoption requires all States Parties to the Convention to sign and ratify it. In accordance with Article 8 of Protocol No. 16 to the Convention, this Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which ten High Contracting Parties to the Convention have expressed their consent to be bound by it. In respect of any other parties to the Convention which subsequently express their consent to be bound by it, the Protocol shall enter into force on the 1117 FURA-SANDSTRÖM, cited above, p. 168. 1118 COGEN, M. An introduction to European intergovernmental organizations . Farnham, Surrey, England: Ashgate Publishing Limited, 2015, p. 138. 1119 Protocol No. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms. Strasbourg, 24. VI. 2013. URL: accessed 20 July 2015. 1120 Protocol No. 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms. Strasbourg, 2. X. 2013. URL: accessed 20 July 2015.

211