The Role of the margin of appreciation doctrine in the jurisprudence of the ECtHR.

Abstract

The Margin of Appreciation doctrine plays a crucial role in the jurisprudence of the ECtHR and it is used when considering whether a member state has breached the convention or not. According to the doctrine, a member state is permitted a degree of discretion, subject to Strasburg supervision, when it takes an action in the area of a Convention right which results in a conflict between the individual right and national interests. Depending on the factual circumstances, the ECtHR in some cases will allow a wide margin of appreciation (giving therefore a wide discretion to national authorities), while in other cases will permit only a narrow margin of appreciation (giving accordingly a narrower discretion for national authorities). The doctrine allows the ECtHR to take into account the fact that the Convention will be interpreted differently across the member states due to the various legal and cultural traditions. The dissertation will be a study into the meaning, development, function, scope, effects and continued relevance of the margin of appreciation doctrine also in light of Protocol 15 which came into force in 1 August 2021.