Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Albania | Yes | No |
Andorra | Yes | No |
Armenia | Yes | No |
Azerbaijan | Yes | No |
Belgium | Yes | No |
Bosnia and Herzegovina | Yes | No |
Estonia | Yes | No |
Finland | Yes | No |
France | Yes | No |
Georgia | Yes | No |
Greece | Yes | No |
Lithuania | Yes | No |
Luxembourg | Yes | No |
Moldova | Yes | No |
Montenegro | Yes | No |
Netherlands, the Kingdom of the | Yes | No |
North Macedonia | Yes | No |
Romania | Yes | No |
San Marino | Yes | No |
Slovakia | Yes | No |
Slovenia | Yes | No |
Ukraine | Yes | No |
Albania
22-07-2015
Pursuant to Article 10 of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the Republic of Albania declares that the national courts designated for the purposes of Article 1, paragraph 1, of the Protocol are the Supreme Court of the Republic of Albania and the Constitutional Court of the Republic of Albania.
Andorra
16-05-2019
Pursuant to Article 10 of Protocol No.16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the Principality of Andorra declares that the courts designated for the purposes of Article 1, paragraph 1, of the Protocol are the Constitutional Court and the High Court of Justice.
Armenia
31-01-2017
In accordance with Article 10 of Protocol No.16 to the Convention for the Protection
of Human Rights and Fundamental Freedoms, the Republic of Armenia designates the following
national courts for the purposes of Article 1, paragraph 1, of this Protocol:
The Constitutional Court of the Republic of Armenia
The Court of Cassation of the Republic of Armenia.
Azerbaijan
06-07-2023
Pursuant to Article 10 of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the Republic of Azerbaijan declares that the national courts designated for the purposes of Article 1, paragraph 1, of the Protocol are the Supreme Court of the Republic of Azerbaijan and the Constitutional Court of the Republic of Azerbaijan.
Belgium
22-11-2022
In accordance with Article 10 of the Protocol, the Kingdom of Belgium declares that
the courts and tribunals for the purposes of Article 1, paragraph 1, of the Protocol
are:
- the Cour constitutionnelle;
- the Cour de Cassation;
- the Conseil d’État.
Bosnia and Herzegovina
09-03-2021
In accordance with Article 10 of Protocol No.16 to the Convention for the Protection
of Human Rights and Fundamental Freedoms, Bosnia and Herzegovina declares that
- The Constitutional Court of Bosnia and Herzegovina,
- The Court of Bosnia and Herzegovina,
- The Supreme Court of the Federation of Bosnia and Herzegovina, and
- The Supreme Court of Republika Srpska
are the courts in Bosnia and Herzegovina who can request an advisory opinion of the
European Court of the Human Rights, on questions of principle relating to the interpretation
or application of the rights and freedoms defined in the Convention for the Protection
of Human Rights and Fundamental Freedoms or its Protocols.
Estonia
31-08-2017
In accordance with Article 10 of the Protocol, the Republic of Estonia declares that the court designated for the purposes of Article 1, paragraph 1, of the Protocol is the Supreme Court of Estonia.
Finland
07-12-2015
Pursuant to Article 10 of the Protocol, the Republic of Finland declares that the highest courts and tribunals of Finland designated for the purposes of Article 1, paragraph 1, of the Protocol are the Supreme Court, the Supreme Administrative Court, the Labour Court and the Insurance Court.
France
12-04-2018
In accordance with Article 10 of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the French Government declares that the jurisdiction designated for the purposes of Article 1, paragraph 1, of the Protocol are the Constitutional Council, the State Council and the Court of Cassation.
Georgia
06-07-2015
According to Article 10 of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms and for the purposes of Article 1, paragraph 1, of this Protocol, Georgia designates Supreme Court of Georgia and Constitutional Court of Georgia as courts that may request the European Court of Human Rights to give advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined in the Convention or protocols thereto.
Greece
05-04-2019
Pursuant to Article 10 of Protocol No.16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the Hellenic Republic declares that the courts designated for the purposes of Article 1, paragraph 1, of the Protocol are the Supreme Special Court, the Supreme Civil and Criminal Court, the Council of State and the Court of Audit.
Lithuania
02-09-2015
Pursuant to Article 10 of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the Republic of Lithuania declares that the highest courts and tribunals in the Republic of Lithuania which may request the European Court of Human Rights to give advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined in the Convention for the Protection of Human Rights and Fundamental Freedoms or the protocols thereto are the Constitutional Court of the Republic of Lithuania, the Supreme Court of Lithuania and the Supreme Administrative Court of Lithuania.
Luxembourg
14-05-2020
In accordance with Article 10 of Protocol No.16 to the Convention for the Protection
of Human Rights and Fundamental Freedoms, the Grand Duchy of Luxembourg declares that
the highest courts and tribunals designated for the purposes of Article 1, paragraph
1, of the Protocol are:
- the Constitutional Court;
- the Administrative Court;
- the Court of Cassation and the Court of Appeal.
Moldova
22-06-2023
In accordance with Article 10 of Protocol No. 16 to the Convention, the Republic of Moldova declares that, in order to implement the provisions of Article 1, paragraph 1, of the Protocol, the following national courts are designated: the Constitutional Court and the Supreme Court of Justice.
Montenegro
14-02-2023
In accordance with Article 10 of Protocol No. 16 to the Convention, Montenegro declares
that the courts
designated for the purposes of Article 1, paragraph 1, of the Protocol are the Supreme
Court of
Montenegro and Constitutional Court of Montenegro.
Netherlands, the Kingdom of the
12-02-2019
The Kingdom of the Netherlands accepts the Protocol No. 16 to the Convention for the
Protection of Human Rights and Fundamental Freedoms for the entire Kingdom [i.e. for
the European part of the Netherlands, the Caribbean part of the Netherlands (the islands
Bonaire, Sint Eustatius and Saba) and for Aruba, Curaçao and Sint Maarten].
Pursuant to Article 10 of Protocol No. 16 to the Convention for the Protection of
Human Rights and Fundamental Freedoms, the Kingdom of the Netherlands declares that
highest courts and tribunals designated for the purposes of Article 1, paragraph 1,
of the Protocol are:
a) the Supreme Court of the Netherlands;
b) the Administrative Jurisdiction Division of the Council of State;
c) the Central Appeals Tribunal;
d) the Administrative High Court for Trade and Industry;
e) the Joint Court of Justice of Aruba, Curaçao, Sint Maarten and of Bonaire, Sint
Eustatius and Saba.
The Kingdom of the Netherlands further declares that the tribunal and the courts at
c), d) and e) possess the powers arising from this Protocol only when acting as domestic
courts of last resort.
28-02-2023
In accordance with Article 10 of the Protocol, the Kingdom of the Netherlands declares
that mention of
the “Central Appeals Tribunal” listed among the highest courts and tribunals designated
for the purposes
of Article 1, paragraph 1, of the Protocol should read as the “Administrative High
Court”.
North Macedonia
25-09-2023
Pursuant to Article 10 of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the Republic of North Macedonia declares that the national courts designated for the purposes of Article 1, paragraph 1, of the Protocol are the Constitutional Court of the Republic of North Macedonia and the Supreme Court of the Republic of North Macedonia.
Romania
14-10-2014
In accordance with Article 10 of Protocol No 16 to the Convention for the Protection
of Human Rights and Fundamental Freedoms, the Government of Romania designates the
following national courts for the purposes of Article 1, paragraph 1, of this Protocol:
The High Court of Cassation and Justice
The Constitutional Court
The Court of appeal of Alba Iulia
The Court of appeal of Bacau
The Court of appeal of Brasov
The Court of appeal of Bucuresti
The Court of appeal of Cluj
The Court of appeal of Constanta
The Court of appeal of Craiova
The Court of appeal of Galati
The Court of appeal of Iasi
The Court of appeal of Oradea
The Court of appeal of Pitesti
The Court of appeal of Ploiesti
The Court of appeal of Suceava
The Court of appeal of Târgu-Mures
The Court of appeal of Timisoara.
This Declaration will enter into force at the time of the ratification of the Protocol,
in accordance with Article 7, paragraph 1b, and Article 10 of the Protocol.
San Marino
16-02-2015
Under Article 10 of Protocol No. 16 to the Convention for the Protection of Human
Rights and Fundamental Freedoms, the Republic of San Marino declares that the jurisdiction
designated for the purposes of Article 1, paragraph 1, of this Protocol is that of
the Court of the Republic of San Marino.
[...]
Slovakia
17-12-2019
In accordance with Article 10 of the Protocol, the Slovak Republic declares that the highest courts and tribunals designated for the purposes of Article 1, paragraph 1, of the Protocol are the Supreme Court of the Slovak Republic and the Constitutional Court of the Slovak Republic. The Slovak Republic further declares that the Supreme Court of the Slovak Republic possess the powers arising from this Protocol only when acting as a court of cassation or as a court of appeal on points of law.
21-06-2022
In accordance with Article 10 of the Protocol, the Slovak Republic declares that the highest courts and tribunals designated for the purposes of Article 1, paragraph 1, of the Protocol are the Supreme Court of the Slovak Republic, the Supreme Administrative Court of the Slovak Republic and the Constitutional Court of the Slovak Republic. The Slovak Republic further declares that the Supreme Court of the Slovak Republic possess the powers arising from this Protocol only when acting as a court of cassation or as a court of appeal on points of law.
Slovenia
26-03-2015
Pursuant to Article 10 of the Protocol, the Republic of Slovenia declares that the national courts for the purposes of Article 1, paragraph 1, of the Protocol, to address the requests for advisory opinions to the European Court of Human Rights, are the Supreme Court of the Republic of Slovenia and the Constitutional Court of the Republic of Slovenia.
Ukraine
22-03-2018
In accordance with Article 10 of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Ukraine declares that the highest court designated for the purposes of Article 1, paragraph 1, of this Protocol is the Supreme Court.