PRINCIPLE OF SUBSIDIARITY AT THE ECTHR
PRINCIPLE OF SUBSIDIARITY AT THE ECTHR
Author(s): Radu-Michael AlexandrescuSubject(s): International Law, Human Rights and Humanitarian Law, Court case
Published by: Editura Pro Universitaria
Keywords: subsidiarity; Convention; Court; national courts; discretion;
Summary/Abstract: This article's objectives are: to describe how the principle of subsidiarity appears at the ECtHR; to analyse how the balance of power between the ECtHR and the national courts is established in each of the ways in which subsidiarity appears; to argue that that balancing act is in favour of a dynamic interpretation of the Convention by the Court. The method of research is the analysis of the text, namely the Convention, the relevant case-law of the Court and the amendments made to the Preamble to the Convention by Protocol 15.
Journal: Cogito - Multidisciplinary research Journal
- Issue Year: 2021
- Issue No: 4
- Page Range: 165-181
- Page Count: 17
- Language: English