Doctrines of the European Court of Human Rights Cover Image

Doktrine Evropskog suda za ljudska prava
Doctrines of the European Court of Human Rights

Author(s): Dejan Pavlović
Subject(s): International Law, EU-Accession / EU-DEvelopment
Published by: Институт за међународну политику и привреду
Keywords: European Court of Human Rights; human rights limitation; margin of appreciation; proportionality; subsidiarity

Summary/Abstract: The jurisprudence of the European Court of Human Rights has a double effect on national legal orders. Apart from the decisions on individual applications for the alleged violations of the rights guaranteed by the European Convention on Human Rights, the Court signals the national authorities of the proper interpretation and implementation of human rights guarantees. The limitation of human rights is in certain cases a legitimate action taken by the government. That is why it is so important to have a clear understanding of the conditions and the extent of such a limitation. For the proper assessment of the problem it is essential to understand the doctrines developed by the Court in the process of decision-making concerning the validity of the human rights limitation in a specific case.

  • Issue Year: 62/2011
  • Issue No: 1144
  • Page Range: 66-77
  • Page Count: 12
  • Language: Serbian