THEORETICAL DIFFICULTIES
AND LIMITS OF THE MARGIN OF APPRECIATION
OF STATES IN EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW
THEORETICAL DIFFICULTIES
AND LIMITS OF THE MARGIN OF APPRECIATION
OF STATES IN EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW
Author(s): Nicolae Voiculescu, BERNA Maria BeatriceSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Editura Hamangiu S.R.L.
Keywords: Margin of appreciation; subsidiarity; the control of the European Court; limitations/restrictions/derogations relating to the rights;
Summary/Abstract: By means of the present paper we pursue to surprise the theoretical-jurisprudential features of the margin of appreciation. The conceptual flexibility of the margin of appreciation resides within its case-law foundation and is undertaken by the lack of clear provisions contained in the European Convention on Human Rights. Our aim does not consist in exhausting the analytical alternatives regarding the margin of appre¬cia¬tion; on the contrary, by way of example, we advance the main coordinates of mani¬festa¬tion concerning the margin of appreciation and we establish a comprehensive mechanism that would lead to the understanding of the control exerted in this field by the European Court.
Journal: Analele Universității Titu Maiorescu
- Issue Year: XVII/2018
- Issue No: XVII
- Page Range: 11-27
- Page Count: 16
- Language: English
