Court of Human Rights in 2022. This is the first year after Protocol No. 15, which, inter alia, introduced an express reference to the principle of subsidiarity and the doctrine of margin of appreciation into the Preamble of the European Convention on Human Rights, entered into force. Therefore, although the increased relevance of subsidiarity and margin of appreciation in the Court’s approach to the interpretation and application of the Convention is not a new trend, it seems that it can provide an appropriate lens through which the relevant case law developments should be assessed. In light of the above, the contribution examines (some of) the relevant ‘key cases’ decided by the Court in 2022, and tries to highlight the relevance of the above-mentioned principle and doctrine in the identification of the scope and content of the obligations imposed on the domestic authorities by the Convention, as well as in the determination of the nature and scope of the Court’s review over compliance with such obligations.

Acconciamessa, L. (2023). The case law of ECtHR in 2022 : the Strasbourg in the Age of Protocol No. 15. In P. Czech, L. Heschl, K. Lukas, M. Nowak, G. Obeleitner (a cura di), European Yearbook of Human Rights 2023 (pp. 627-661). Intersentia.

The case law of ECtHR in 2022 : the Strasbourg in the Age of Protocol No. 15

Acconciamessa, Lorenzo
2023-01-01

Abstract

Court of Human Rights in 2022. This is the first year after Protocol No. 15, which, inter alia, introduced an express reference to the principle of subsidiarity and the doctrine of margin of appreciation into the Preamble of the European Convention on Human Rights, entered into force. Therefore, although the increased relevance of subsidiarity and margin of appreciation in the Court’s approach to the interpretation and application of the Convention is not a new trend, it seems that it can provide an appropriate lens through which the relevant case law developments should be assessed. In light of the above, the contribution examines (some of) the relevant ‘key cases’ decided by the Court in 2022, and tries to highlight the relevance of the above-mentioned principle and doctrine in the identification of the scope and content of the obligations imposed on the domestic authorities by the Convention, as well as in the determination of the nature and scope of the Court’s review over compliance with such obligations.
2023
Settore GIUR-09/A - Diritto internazionale
Acconciamessa, L. (2023). The case law of ECtHR in 2022 : the Strasbourg in the Age of Protocol No. 15. In P. Czech, L. Heschl, K. Lukas, M. Nowak, G. Obeleitner (a cura di), European Yearbook of Human Rights 2023 (pp. 627-661). Intersentia.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10447/670915
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