The concept of «margin of appreciation» and the principle of effective protection in practice of European Court of human rights

Abstract

On the basis of relevant scientific and theoretical sources and judgments of the European Court of Human Rights, there is examined application of principle of effective protection of human rights and fundamental freedoms. There is analyzed interconnection between the mentioned principle and the concept of margin of appreciation. An important role in the present article is devoted to the Court’s interpretation of the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms which influences development of national legislation and practice of states-parties to the Convention. The article pays attention as well to necessary observance of requirements on «effective» legal remedy de jure and de facto. There is analyzed how the Court provides national authorities of the statesparties with some discretion. There is researched compliance of national legal remedies to the Conventional provisions. 

Key words: Principle of effective protection, concept of margin of appreciation, freedom of discretion, European Court of Human Rights.