Hungarian Yearbook of International Law and European Law

Article

ECtHR Advisory Opinion and Response to Formal Requests Given by the Jurisconsult

Keywords ECtHR advisory opinion, Protocol No. 16 ECHR, Superior Courts Network, Article 47 ECHR, interaction between courts
Authors Tamás Tóth
Author's information

364525 Tamás Tóth
Chief counselor, Constitutional Court of Hungary; National Focal Point of the Superior Courts Network.
  • Abstract

      The aim of this article is to present the role of the Superior Courts Network (SCN) launched by the ECtHR in preparation of national request for an advisory opinion issued by the ECtHR. The actuality of the topic is given by Protocol No. 16 of the ECHR that entered into force on 1 August 2018 and the issuance of the first advisory opinion published on 10 April 2019. Hungary has not acceded to Protocol No. 16, so this option is currently not available for the Hungarian courts. Actually, there is another way to assist the domestic courts in understanding the principles of the ECtHR’s case-law that are relevant to the case pending before them. This option is the so-called formal request for case-law information that could be submitted by a national court to the Directorate of Jurisconsult of the Registry of ECtHR with the help of SCN. Later, after acceding to Protocol No. 16, this channel of information could be helpful in preparation of request for advisory opinion.

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