Instrumentalizarea marjei naționale de apreciere pe terenul art. 8 și al art. 12 din Convenția europeană pentru apărarea drepturilor omului și a libertăților fundamentale
The instrumentalization of the national margin of appreciation under Articles 8 and 12 of the European Convention for the Protection of Human Rights and Fundamental Freedoms

Summary/Abstract: Articles 8 and 12 of the ECHR have undergone spectacular and sometimes surprising changes in terms of the scope of the margin of appreciation of states. Once the common normative denominator was achieved, the legal protection of same-sex couples took on new dimensions, resulting in innovative interpretations, but also in a corresponding narrowing of the margin of appreciation of states. In the field of transgenderism, the center of gravity has gradually shifted from the absence of a common legislative denominator (which implied a generous margin of appreciation for states) to the shaping and promotion of the concept of "personal autonomy." In light of this evolution in ECHR case law, we may wonder whether, in reality, the national margin of appreciation is (only) a malleable tool in the hands of the European judge, which he or she manipulates contextually in order to achieve a certain result.

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