In order to preserve member states’ 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 ‘the primacy, unity and effectiveness of EU law’ should not be compromised by the adoption of domestic standards).
Judicial interaction techniques:
Interpretative techniques - Consistent interpretation - Interaction between provisions - Interaction between rights - Interaction between courts - Margin of appreciation
Categories: Romania - National Courts - Ordinary Court - Art. 7 - Respect for private and family life - Art. 17 - Right to property - Art. 21 - Non-discrimination - Gender - Art. 48 - Presumption of innocence and right of defence - Art. 8 - Right to respect for private and family life - Art. 14 - Prohibition of discrimination - Protocol 12 Art.1 - General prohibition of discrimination
Categories: France - Court of Justice of European Union - European Court of Human Rights - National Courts - Constitutional Court - Criminal law - Art. 47 - Right to an effective remedy and to a fair trial - Art. 5 - Right to liberty and security - Art. 13 - Right to an effective remedy
Project implemented with financial support of the Fundamental Rights & Citizenship Programme of the European Union