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Advanced Search Results For "margin of appreciation"

1 - 10 of 138 results for
 "margin of appreciation"
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THE PHILOSOPHICAL BASIS OF THE PRINCIPLE OF PROPORTIONALITY

Publication Type:Academic Journal

Source(s):Challenges of the Knowledge Society, Vol 15, Iss 1, Pp 188-198 (2022)

Abstract:The proportionality is a general principle of law, signifying the ideas of balance, justice, responsibility and the needed adequate suiting of the measures adopted by the State to the situation in fact and to the purpose aimed by the law. The principle...

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How to Deal with Really Good Bad-Faith Interpreters: M.A. v Denmark

Publication Type:Academic Journal

Source(s):Utrecht Journal of International and European Law, Vol 37, Iss 1 (2022)

Abstract:Can a State that no-longer officially pursues an integration agenda for a group of refugees claim integration as a legitimate aim to interfere with the fundamental rights of said group? If domestic courts’ careful consideration of international human r...

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"A Margin of Appreciation": Appreciating Its Irrelevance in International Law.

Publication Type:Academic Journal

Source(s):Harvard International Law Journal. Winter2020, Vol. 61 Issue 1, p65-134. 70p.

Abstract:The margin of appreciation is an ill-defined legal concept that some international tribunals have referred to when affording a measure of deference to actions taken by national authorities. As most international tribunals have concluded, however, the m...

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A Problem of Progress in the European Convention of Human Rights.

Publication Type:Academic Journal

Source(s):Acta Universitatis Danubius: Juridica. 2015, Vol. 11 Issue 2, p11-17. 7p.

Abstract:In the current article author tries to focus on a problem of progress in the European Convention of Human Rights. Objectives: The main objective is to discover how the idea of progress, contained in numerous international legal sources, is reflected in...

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The Relationship Between European Consensus, the Margin of Appreciation and the Legitimacy of the Strasbourg Court.

Publication Type:Periodical

Source(s):European Public Law. Aug2019, Vol. 25 Issue 3, p445-480. 36p.

Abstract:When determining whether a state should be granted the margin of appreciation, often the European Court of Human Rights (ECtHR, the Strasbourg Court or the Court) resorts to the method of European consensus. However, important issues remain unclarified...

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Maximizing the International Human Rights Litigation Toolkit: the Role of Consensus

Publication Type:Academic Journal

Source(s):Paix et Sécurité Internationales, Iss 9, Pp 1-33 (2021)

Abstract:Amongst the instruments making up the strategies for international human rights litigation, the notion of consensus constitutes a tool that is made available to the disputing parties by public international law. When expertly used, consensus can be qui...

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Sensibilité(s) européenne(s) et sensibilité animale: l’affaire Centraal Israëlitisch Consistorie van België e a.

Publication Type:Academic Journal

Source(s):European Papers, Vol 2021 6, Iss 1, Pp 57-67 (2021)

Abstract:(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 57-67 | European Forum Insight of 14 April 2021 | (Table of Contents) I. Propos introductifs et objet de la controverse. - II. De l'importance de l'étourdissement préal...

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“All in their power”: a gloss to the European Court of Human Rights’ judgement in the case of Tsezar and Others v. Ukraine

Publication Type:Academic Journal

Source(s):Opolskie Studia Administracyjno-Prawne, Vol 18, Iss 4, Pp 139-149 (2021)

Abstract:This gloss summarizes and analyzes one of the recent key judgments of the European Court of Human Rights’ (ECtHR) in the case concerning Ukraine, while considering the context of hybrid warfare and the special place case-law of the ECtHR has in the Ukr...

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Hotărârea Curții Europene a Drepturilor Omului în cauza Napotnik împotriva României

Publication Type:Academic Journal

Source(s):Drepturile Omului, Vol XXX, Iss 2, Pp 84-89 (2020)

Abstract:In 2005 Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms came into force. It introduced a general prohibition of discrimination and it guarantees that no-one shall be discriminated against on any ground by a...

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The influence of the margin of appreciation doctrine on the resolution of the conflict between the freedom of expression and the freedom of religion within the judicial practice of the European Court of Human Rights

Publication Type:Academic Journal

Source(s):Przegląd Europejski, Vol 2020, Iss 2, Pp 83-98 (2020)

Abstract:The aim of the paper hereto is to conduct analysis regarding the influence of the margin of appreciation doctrine on the solution of the collision between the freedom of expression and the freedom of religion within the Strasbourg system of human right...

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