The Government gives the green light to consult the ECHR on the interpretation of laws

The Council of Ministers has agreed on Tuesday that Spain will join Protocol 16 of the European Convention on Human Rights, which allows the highest courts of member countries to ask the European Court of Human Rights (ECHR) to issue opinions on issues relating to the interpretation or application of the rights and freedoms defined in the Convention or its protocols. The agreement will be submitted to the Congress of Deputies, as it must be endorsed by parliament.

The ratification of the protocol, which La Vanguardia reported in its Monday edition , is one of the demands that Junts had raised in the framework of the negotiations with the socialists. On Monday, Carles Puigdemont's party announced that it was withdrawing the non-legislative proposal that was to be debated this Tuesday in the plenary session of Congress, asking the President of the Government, Pedro Sánchez, to present a motion of confidence.

The Strasbourg Court will decide whether to accept the consultations and its opinions will be reasoned and non-binding.

Once Spain's accession to Protocol 16 is ratified, the Spanish high courts will be able to request opinions from the Strasbourg Court without the need for prior intervention by the Constitutional Court on matters that are being processed in Spain, such as the amnesty. However, the Strasbourg Court will have the discretionary power to accept or reject each request. In addition, these advisory opinions, which will be issued by the Grand Chamber, will be reasoned and non-binding.

Protocol 16 entered into force on 1 August 2018 following its ratification by ten states: Albania, Armenia, Estonia, Finland, France, Georgia, Lithuania, Saint Kitts and Nevis,

Marino, Slovenia and Ukraine. There are currently 24 member countries of the Council of Europe that have ratified it, and Spain is now added. In 2019, Andorra, Greece and the Netherlands joined; in 2020, Luxembourg and Slovakia; in 2021, Bosnia-Herzegovina; in 2023, Azerbaijan, Belgium, Montenegro, Moldova and Romania; in 2024, North Macedonia and in 2025, Monaco and Sweden, the latter country where the protocol will enter into force on 1 April.

According to the Ministry of Foreign Affairs, this protocol “strengthens dialogue” between the Spanish justice system and the European Court of Human Rights. Furthermore, the ratification of this mechanism is in line with Spain’s commitment to the protection of human rights as the backbone of its foreign policy, they add.