2023

DOI:https://www.doi.org/10.31178/AUBD/2023.05

Abstract: Termination of Party status under the European Convention on Human Rights automatically and without any formalities results in the termination of Party status under the Protocols (amending and additional) to the Convention, which are not independent treaties. However, it has no direct effect on Party status under the treaties derived from the Convention (those concerning the immunities of judges and participants in proceedings before the European Court of Human Rights), namely the Sixth Additional Protocol to the General Agreement on the Privileges and Immunities of the Council of Europe and the European Agreement on Persons Participating in Proceedings before the European Court of Human Rights, since Party status to these two international treaties is contingent upon membership in the Council of Europe, rather than on Party status to the Convention. This latter solution also applies to the Oviedo Convention, which is a treaty linked to the European Convention on Human Rights through the mechanism of advisory opinions adopted by the Court, since even states that are not members of the Council of Europe may be parties to the Oviedo Convention.

Keywords: European Convention on Human Rights, Amending Protocol and Additional Protocol, Sixth Additional Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, European Agreement on Persons Participating in Proceedings before the European Court of Human Rights, Oviedo Convention, Party to an international treaty, Withdrawal from a treaty.