PRINCIPLE OF SUBSIDIARITY AT THE ECTHR Cover Image

PRINCIPLE OF SUBSIDIARITY AT THE ECTHR
PRINCIPLE OF SUBSIDIARITY AT THE ECTHR

Author(s): Radu-Michael Alexandrescu
Subject(s): International Law, Human Rights and Humanitarian Law, Court case
Published by: Editura Pro Universitaria
Keywords: subsidiarity; Convention; Court; national courts; discretion;

Summary/Abstract: This article's objectives are: to describe how the principle of subsidiarity appears at the ECtHR; to analyse how the balance of power between the ECtHR and the national courts is established in each of the ways in which subsidiarity appears; to argue that that balancing act is in favour of a dynamic interpretation of the Convention by the Court. The method of research is the analysis of the text, namely the Convention, the relevant case-law of the Court and the amendments made to the Preamble to the Convention by Protocol 15.

  • Issue Year: 2021
  • Issue No: 4
  • Page Range: 165-181
  • Page Count: 17
  • Language: English