The Constitutional Court and the Supreme Court of Justice will be able to ask the European Court of Human Rights to issue an opinion on matters of principle concerning the interpretation or application of the rights and freedoms defined in the Convention for the Protection of Human Rights and Fundamental Freedoms. This is provided in a bill that was given a second reading by Parliament, IPN reports.
Under the bill, this will be possible only in case of disputes pending at jurisdiction courts, while the request will be substantiated by presenting the relevant aspects of the legal and factual context of the given case.
The ECHR opinions will not be mandatory, but will have legal weight. Also, the asking of the European Court of Human Rights to pronounce on an issue will not hamper the subsequent formulation of an individual request to the ECHR in connection with the same case.
