Interakcije polja slobodne procene i pravnih sistema kako su ih uobličili ESLJP i ESP
The Interactions of the margin of appreciation and the legal systems as articulated by the ECtHR and the ECJ

Summary/Abstract: Differences between the system of human rights law, as it is established by the European Convention on Human Rights and the system of EU law influence two courts — the European Court of Human Rights and the Court of the EU — to articulate differently the interaction between the margin of appreciation and corresponding legal systems. The two courts legitimize the margin by similar reasons but they shape it and see its functioning in the legal systems differently.

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