Legal and Procedural Aspect of the Proceeding before the ECHR, Advisory Opinions
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Keywords

advisory opinion
necessary in a democratic society
proportionate
margin of appretiation
birth certificate of the child
Protocol 16
legal parent-child relationship between a child and parents in a gestational surrogacy arrangement

Abstract

This contribution deals with the issues of the application of certain specific features of the proceedings before the European Court of Human Rights, and as a consequence of the overload of the court explains relatively newly adopted institute of the so-called. advisory opinions of the court. They seem to be similar to quasi-preliminary ruling before the ECJ. It also discusses a recent advisory opinion in one case on the current issue of surrogacy and the recognition of its legal consequences.

PDF (Slovak)