Extract

The Grand Chamber of the European Court of Human Rights (Court) has just delivered a landmark Advisory Opinion 1 on the legality of the Parliamentary Assembly's refusal to consider male-only shortlists of judicial nominees. This is the first occasion on which the Court, in both its part-time and full-time manifestations, has given a substantive answer to such a request by the Committee of Ministers, under Article 47 of the European Convention on Human Rights (ECHR or Convention). In 2004, the Grand Chamber held that a request for an Advisory Opinion concerning the status of the complaints system set up by members of the Commonwealth of Independent States, following the collapse of the former USSR, to which some parties to the ECHR belong, fell outside the Court's jurisdiction. 2 Hence, it has taken 38 years for the Court to be granted an opportunity to exercise its Advisory Opinion responsibility since Protocol 2 conferred the power on the original Court.

You do not currently have access to this article.