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The Margin of Appreciation in Strasbourg and Luxembourg

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Chapter Summary

This chapter is divided into three sections: The first section makes some general points on the doctrine of margin of appreciation. The second section focuses on the doctrine of margin of appreciation in the Strasbourg legal order. The third section analyses the development of this doctrine in the EU legal order. The doctrine of margin of appreciation has been applied extensively by the Strasbourg Court, in particularly in cases related to limitations of fundamental rights by the contracting parties to the Convention. The first use of the margin of appreciation doctrine by the Strasbourg organs was seen in the Cyprus case. The states may invoke the legitimate aims and purposes laid down in Articles 8 to 11 of the Convention and Article 2 of Protocol 4 to the Convention. The visible use of the margin of appreciation doctrine increases the legitimacy of any court.

Keywords: appreciation; doctrine; legitimate aim; Strasbourg



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