AVRUPA İNSAN HAKLARI MAHKEMESİNDE REFORM: 15 VE 16 No.lu EK PROTOKOLLER

Yıl 2014, Cilt: 18 Sayı: 3, 607 - 640, 01.07.2014

SERHAT Altınkök

Öz

Bu makalede, Mahkemenin etkinliğinin artırılması sürecinde yeni bir aşama olan 15 ve 16 numaralı ek Protokollerle getirilen yenilikler incelenmiştir. Ek 15 no.lu ek Protokolle, ikincillik ilkesi Sözleşme’nin önsözüne yazılmış, Yüksek Sözleşmeci Tarafl arın ulusal mahkemelerinin takdir marjı konusuna vurgu yapılmış, Mahkemeye başvuru süresi kısaltılmış, önemli zararın bulunması kriteri getirilmiş, yargıçların görev süreleri yeniden düzenlenmiş ve Büyük Daire lehine görevden el çekme hususları düzenlenmiştir. Sözleşme’ye ek 16 No.lu Protokol ile getirilen istişari görüş verme yetkisi ile de Mahkeme ile ulusal kurumlar arasındaki etkileşimin artırılması ve böylece Sözleşme’nin ikincillik ilkesi çerçevesinde uygulanmasının pekiştirilmesi amaçlanmıştır.

Anahtar Kelimeler

Sözleşme’ye Ek 15 ve 16. Protokoller, İkincillik İlkesi, Takdir Marjı, Önemli Zarar, İstişari Görüş.

THE REFORM of the EUROPEAN COURT of HUMAN RIGHTS: ADDITIONAL PROTOCOLS no. 15 and 16

Öz

In this article, the innovations brought by the additional Protocols No. 15 and 16 that new stages in the process of enhancing the effectiveness of the Court were examined. In the additional Protocol No. 15 of the Convention, the principle of subsidiarity was written into the preamble of the Convention, emphasizing the margin of appreciation of the High Contracting Parties national courts’, time limit for submitting application was shortened, brought signifi cant disadvantage criterion, the term of the judges rearranged and relinquishment of jurisdiction in favour of the Grand Chamber issues are regulated. In additional Protocol No. 16 of the Convention, advisory opinions to bring empowerment to increase the interaction between national institutions and the Court thus reinforce the implementation of the Convention with the framework of subsidiarity principle was intended.

Anahtar Kelimeler

Additional Protocols no. 15 and 16 of the Convention, Subsidiary Criteria, Margin of Appreciation, Signifi cant Disadvantage, Advisory Opinion.

Kaynakça

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