A Nun Needs a Home. The Jurisdiction to Examine a Dispute Concerning the Status of Monastic Premises

Abstract

On 5.3.2026 the ECtHR issued an Advisory Opinion, following a request submitted by Ukraine’s Supreme Court under Art. 1 of Protocol 16 to the ECHR. The preliminary procedure introduced in 2018, with Protocol 16, aims to enhance judicial dialogue between the ECtHR and national authorities, facilitate the interpretation and application of the ECHR within the adjudication framework of the national judicial systems of member states, and establish guidelines towards national authorities on similar issues. Advisory Opinions are non-binding, can only be requested with regard to cases pending before national courts and may only be submitted by the highest national courts and tribunals. Under articles 1 and 2 of Protocol 16, the ECtHR confines itself only to points deriving directly from the proceedings pending on the domestic level and does not extend to any questions submitted that are not directly connected to the sub judice issues of each case.