Dialogue between supreme courts and the ECtHR: Supreme Court Judge joins the discussion on the mechanism for issuing advisory opinions on the interpretation or application of rights and freedoms

Yurii Chumak, Judge of the Supreme Court of the Commercial Cassation Court, took part in the seminar of the European Court of Human Rights "Judicial dialogue through the advisory opinion mechanism under Protocol No. 16". The event was organised to mark the fifth anniversary of the entry into force of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms on 1 August 2018.

"This Protocol enables the Supreme Court to ask the ECtHR for advisory opinions on fundamental questions concerning the interpretation or application of the rights and freedoms defined in the Convention or its Protocols and pending before the Court. To date, the ECtHR has received eight requests from European courts, of which six have been concluded, one rejected and one is under consideration. The Supreme Court has not yet made use of this possibility," the judge noted.

The participants of the seminar discussed the specificities of the advisory opinion mechanism from different perspectives: the national legislation of the requesting country, the ECtHR and the scientific perspective. Particular attention has been paid to the practical experience of working with this mechanism. The judges and academics also exchanged views on the results of the ECtHR's opinions and analysed the first judicial proceedings under Protocol No. 16.

As part of the event, the organisers informed the audience about the preparation of recommendations for requesting courts. In their view, this will help to make cooperation between the European supreme courts and the ECtHR more effective and speed up the process.