Margin of appreciation

In order to preserve member states&rsquo; regulatory autonomy and constitutional identity, the ECtHR is keen to afford them some margin of discretion when implementing Convention obligations. This is particularly true with respect to fundamental rights in two hypotheses. First, when there is no European consensus as to the interpretation and application of a certain right. Second, when rights must be balanced with one another, in which case the choice of the correct balance is entrusted to the State. The doctrine of margin of appreciation implies that the application of the ECHR is <em>not </em>necessarily uniform across all members, whereas, at least in principle, the application of the EU Charter of Fundamental Rights is less concerned with local peculiarities and advocates an unconditional compliance with the uniform standards of protection set therein (the CJEU in <em>Melloni </em>expressly states that &lsquo;the primacy, unity and effectiveness of EU law&rsquo; should not be compromised by the adoption of domestic standards).