2023
Corneliu Liviu POPESCU, Professor, Faculty of Law, University of Bucharest, Juridical College of European Studies, University of Paris 1 Panthéon-Sorbonne, The effects of cessation of Party status to the European Convention on Human Rights on Party status to related treaties
DOI: https://www.doi.org/10.31178/AUBD/2023.05
Abstract:Ceasing to be a Party to the European Convention on Human Rights automatically and without any further formality entails ceasing to be a Party to the (amending and additional) Protocols to the Convention, which are not independent treaties. On the contrary, it has no direct effect on Party status to the treaties derived from the Convention (those concerning the immunities of judges and participants in proceedings before the European Court of Human Rights), namely the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe and the European Agreement relating to Persons participating in Proceedings of the European Court of Human Rights, since Party status to these two treaties is conditional on membership of the Council of Europe, not on Party status to the Convention. The latter solution also applies to the Oviedo Convention, which is a treaty linked to the European Convention on Human Rights by the mechanism of advisory opinions delivered by the Court, since the status of Party to the Oviedo Convention can be enjoyed even by non-Member States of the Council of Europe.
Keywords:European Convention on Human Rights, Amending Protocol and Additional Protocol. Sixth Additional Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, European Agreement relating to persons participating in proceedings of the European Court of Human Rights, Oviedo Convention, Party to an international treaty, Cessation of Party status.
« back