Sugli effetti dei pareri consultivi della Corte europea dei diritti dell’uomo

According to Article 5 of Protocol No. 16 to the European Convention on Human Rights, advisory opinions released by the European Court of Human Rights do not produce binding effects. However, notwithstanding this clear statement, the interpretative solutions adopted by advisory opinions have been followed by the European Court in contentious cases. Advisory opinions have also been relied upon by the European Court in cases brought by individuals against States which had not become parties to Protocol No. 16. Based on an analysis of the Protocol, of the case law of the European Court and of the decision of Italian Constitutional Court No. 33 of 2021, this paper identifies some direct and indirect effects produced by this relatively new instrument of protection of human rights.