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ETS 44 – Human Rights (Protocol No. 2), 6.V.1963
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Preamble
The member States of the Council of Europe signatory hereto,
Having regard to the provisions of the Convention for the Protection of Human Rights and Fundamental
Freedoms signed at Rome on 4th November 1950 (hereinafter referred to as “the Convention”) and, in
particular, Article 19 instituting, among other bodies, a European Court of Human Rights (hereinafter
referred to as “the Court”);
Considering that it is expedient to confer upon the Court competence to give advisory opinions subject to
certain conditions,
Have agreed as follows:
Article 1
1
The Court may, at the request of the Committee of Ministers, give advisory opinions on legal questions
concerning the interpretation of the Convention and the Protocols thereto.
2
Such opinions shall not deal with any question relating to the content or scope of the rights or freedoms
defined in Section 1 of the Convention and in the Protocols thereto, or with any other question which the
Commission, the Court or the Committee of Ministers might have to consider in consequence of any such
proceedings as could be instituted in accordance with the Convention.
3
Decisions of the Committee of Ministers to request an advisory opinion of the Court shall require a
two-thirds majority vote of the representatives entitled to sit on the Committee.
Article 2
The Court shall decide whether a request for an advisory opinion submitted by the Committee of
Ministers is within its consultative competence as defined in Article 1 of this Protocol.
Article 3
1
For the consideration of requests for an advisory opinion, the Court shall sit in plenary session.
2
Reasons shall be given for advisory opinions of the Court.
3
If the advisory opinion does not represent in whole or in part the unanimous opinion of the judges, any
judge shall be entitled to deliver a separate opinion.
4
Advisory opinions of the Court shall be communicated to the Committee of Ministers.
Article 4
The powers of the Court under Article 55 of the Convention shall extend to the drawing up of such rules
and the determination of such procedure as the Court may think necessary for the purposes of this
Protocol.