Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Party

Azerbaijan modified

• Ratification: 06-07-2023 (R)
• Entry into force: 01-11-2023
• Reservations / Declarations: Yes

• added reservation
  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.

Party

Moldova modified

• Ratification: 22-06-2023 (R)
• Entry into force: 01-10-2023
• Reservations / Declarations: Yes

• added reservation
  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.

Party

Netherlands, the Kingdom of the modified

• added reservation
  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”.

Party

Montenegro modified

• Ratification: 14-02-2023 (R)
• Entry into force: 01-06-2023
• Reservations / Declarations: Yes

• added reservation
  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.

General information

• Entry into force: 01-08-2018

Kingdom part

Netherlands (in Europe)

• Entry into force: 01-06-2019

Netherlands (Bonaire)

• Entry into force: 01-06-2019

Netherlands (Sint Eustatius)

• Entry into force: 01-06-2019

Netherlands (Saba)

• Entry into force: 01-06-2019

Aruba

• Entry into force: 01-06-2019

Curaçao

• Entry into force: 01-06-2019

Sint Maarten

• Entry into force: 01-06-2019

Party

Albania

• Signature: 24-11-2014
• Ratification: 22-07-2015 (R)
• Entry into force: 01-08-2018
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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

• Signature: 12-04-2018
• Ratification: 16-05-2019 (R)
• Entry into force: 01-09-2019
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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

• Signature: 02-10-2013
• Ratification: 31-01-2017 (R)
• Entry into force: 01-08-2018
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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

• Signature: 18-11-2021

Italy

• Signature: 02-10-2013

Moldova

• Signature: 03-03-2017

Montenegro

• Signature: 13-12-2021

North Macedonia

• Signature: 09-09-2021

Norway

• Signature: 27-06-2014

Türkiye

• Signature: 20-12-2013

Belgium

• Signature: 08-11-2018
• Ratification: 22-11-2022 (R)
• Entry into force: 01-03-2023
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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

• Signature: 11-05-2018
• Ratification: 09-03-2021 (R)
• Entry into force: 01-07-2021
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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

• Signature: 17-02-2014
• Ratification: 31-08-2017 (R)
• Entry into force: 01-08-2018
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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

• Signature: 02-10-2013
• Ratification: 07-12-2015 (R)
• Entry into force: 01-08-2018
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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

• Signature: 02-10-2013
• Ratification: 12-04-2018 (R)
• Entry into force: 01-08-2018
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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

• Signature: 19-06-2014
• Ratification: 06-07-2015 (R)
• Entry into force: 01-08-2018
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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

• Signature: 02-03-2017
• Ratification: 05-04-2019 (R)
• Entry into force: 01-08-2019
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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

• Signature: 10-06-2014
• Ratification: 02-09-2015 (R)
• Entry into force: 01-08-2018
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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

• Signature: 06-09-2018
• Ratification: 14-05-2020 (R)
• Entry into force: 01-09-2020
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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.

Netherlands, the Kingdom of the

• Signature: 07-11-2013
• Ratification: 12-02-2019 (R)
• Entry into force: 01-06-2019
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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.

Romania

• Signature: 14-10-2014
• Ratification: 15-09-2022 (R)
• Entry into force: 01-01-2023
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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

• Signature: 02-10-2013
• Ratification: 16-02-2015 (R)
• Entry into force: 01-08-2018
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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

• Signature: 02-10-2013
• Ratification: 17-12-2019 (R)
• Entry into force: 01-04-2020
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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.

  reservation
  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

• Signature: 02-10-2013
• Ratification: 26-03-2015 (R)
• Entry into force: 01-08-2018
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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

• Signature: 20-06-2014
• Ratification: 22-03-2018 (R)
• Entry into force: 01-08-2018
• Reservations / Declarations: Yes
• Objections: No

• reservation
  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.