All for this? When the European court of human rights is seized by legal chill

The ECtHR’S advisory jurisdiction

EU LAW LIVE - Weekend Edition

All for this? While for the first time in its consultative history, the European Court of Human Rights (ECtHR) was seized on the basis of a provision that bridges the gap between it and one of the many Conventions adopted under the aegis of the Council of Europe – in this case, the Convention on Human Rights and Biomedicine (the so-called 'Oviedo Convention') – the Court declined, by a majority (23 votes to 4), the invitation to answer certain questions put to it by the Council of Europe's Bioethics Committee (DH-BIO). In order to understand this refusal, it is necessary to consider the procedural context in which this request for an advisory opinion for interpretative purposes was made.

 

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