Ideology Within and Behind the Decisions of the European Judges
Ideology Within and Behind the Decisions of the European Judges

Summary/Abstract: Against the background of the pretended ideological neutrality of the European Court of Human Rights itself, the present paper will discuss the possible insertion of ideology within the schedule of rights listed in the text of the European Convention of Human Rights. It will also focus on the comparative law references and the doctrine of the margin of appreciation that is the latitude the European Court occasionally grants to national authorities when implementing the conventional right, as techniques through which a space is created for ideology when invoked before the Court. Equally, it will offer a conclusive counterpart analysis of a judgment rendered by the Court of Justice of the European Union that is clear to imply an ideological stake.

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