Protocol No. 14 Innovations for the Operation of the European Court of Human Rights

Abstract

Human rights and fundamental freedoms are very important issues in the internal operations of each state. Apart from the United Nations system, to protect these rights exist the system of the Council of Europe, which has its source in two treaties: the European Convention of Human Rights and the European Social Charter. The first document serves as a basis for decisions taken by one of the most important European institutions with the role it plays as a judicial body in disputes between states, even in conflicts between states and individuals. Of course it comes to the European Court of Human Rights. The European Court of Human Rights has its headquarters in Strasbourg since 21 January 1959. Supranational control mechanism it represents the most important human rights and this makes through the European Convention on Human Rights, which is signed in Rome on 4 November 1950 European Convention of Human Rights is one of the oldest instruments international entities dealing with the protection of human rights. Its defense system is the richest source of international jurisprudence with regard to human rights. It is a unique system, which represents the “international custom”, but also a system-referring at the same time. Court respects democracy and the legitimacy of national institutions. It should not replace the national bodies of each country, but should help to protect the rights at the national level. The mechanism that causes the conventions applied by the first court of each state to apply it to domestic law. This principle is very important, because each court expected to include in domestic law any new source of law arising from the Court or the Commission. Since the convention entered into force so far been designed 14 additional protocols. Protocols nr. 1; 4; 6; 7; 12, 13 have expanded the list of rights, protocols no. 2,3,5,8 have modified supervisory mechanism, the protocol was introduced 9 individuals the right to file individual complaints, the Protocol came into force 10 not because it was signed and was replaced with protocol 11, which completely changed the control mechanism. Protocol 13 abolished the death penalty while 14 made a reform protocol review process complaints.

DOI: 10.5901/ajis.2016.v5n1p319