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Margin of Appreciation and National Security

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Chapter Summary

The European Union Court of Justice (CJEU) has in a few recent cases added to the understanding of the doctrine of margin of appreciation and its application in situations where national security is in danger. The doctrine has been developed within the framework of the European Convention of Human Rights (ECHR), but has importance also for the application of the European Union Charter of Human Rights. The role of the European Court of Human Rights (ECtHR) reveals on the one hand that the ECHR shall function like a super constitution in the legal orders of the member states of the convention, and on the other that it is subsidiary to national courts. The doctrine of margin of appreciation is applied under two circumstances within the framework of the European Union (EU) legal order.

Keywords: European Convention of Human Rights (ECHR); European Union (EU) legal order; European Union Charter of Human Rights; European Union Court of Justice (CJEU); national security

10.1163/9789004274587_009
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