Positive subsidiarity and its implications for the margin of appreciation doctrine
- Author
- Eva Brems (UGent)
- Organization
- Abstract
- The article presents an argument in favour of a richer theory of subsidiarity in the European Court of Human Rights context. In particular, the proposal is to include what is called a ‘positive’ dimension in subsidiarity thinking. That is to say, the article argues that the scholarly and political debate on ECHR subsidiarity has focused mostly on ECHR restraint, associated with a wide margin of appreciation for the States Parties. There is however a complementary dimension in the subsidiarity layout, which concerns the responsibility of national authorities to offer first-line protection of Convention rights. The article examines the role the European Court of Human Rights can play in facilitating that first-line responsibility. The article explores what this means for the margin of appreciation of national authorities.
- Keywords
- Political Science and International Relations, Sociology and Political Science, Law, HRC, European Court of Human Rights, subsidiarity, margin of appreciation, EUROPEAN COURT, AGE
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-8628592
- MLA
- Brems, Eva. “Positive Subsidiarity and Its Implications for the Margin of Appreciation Doctrine.” NETHERLANDS QUARTERLY OF HUMAN RIGHTS, vol. 37, no. 3, 2019, pp. 210–27, doi:10.1177/0924051919861798.
- APA
- Brems, E. (2019). Positive subsidiarity and its implications for the margin of appreciation doctrine. NETHERLANDS QUARTERLY OF HUMAN RIGHTS, 37(3), 210–227. https://doi.org/10.1177/0924051919861798
- Chicago author-date
- Brems, Eva. 2019. “Positive Subsidiarity and Its Implications for the Margin of Appreciation Doctrine.” NETHERLANDS QUARTERLY OF HUMAN RIGHTS 37 (3): 210–27. https://doi.org/10.1177/0924051919861798.
- Chicago author-date (all authors)
- Brems, Eva. 2019. “Positive Subsidiarity and Its Implications for the Margin of Appreciation Doctrine.” NETHERLANDS QUARTERLY OF HUMAN RIGHTS 37 (3): 210–227. doi:10.1177/0924051919861798.
- Vancouver
- 1.Brems E. Positive subsidiarity and its implications for the margin of appreciation doctrine. NETHERLANDS QUARTERLY OF HUMAN RIGHTS. 2019;37(3):210–27.
- IEEE
- [1]E. Brems, “Positive subsidiarity and its implications for the margin of appreciation doctrine,” NETHERLANDS QUARTERLY OF HUMAN RIGHTS, vol. 37, no. 3, pp. 210–227, 2019.
@article{8628592,
abstract = {{The article presents an argument in favour of a richer theory of subsidiarity in the European Court of Human Rights context. In particular, the proposal is to include what is called a ‘positive’ dimension in subsidiarity thinking. That is to say, the article argues that the scholarly and political debate on ECHR subsidiarity has focused mostly on ECHR restraint, associated with a wide margin of appreciation for the States Parties. There is however a complementary dimension in the subsidiarity layout, which concerns the responsibility of national authorities to offer first-line protection of Convention rights. The article examines the role the European Court of Human Rights can play in facilitating that first-line responsibility. The article explores what this means for the margin of appreciation of national authorities.}},
author = {{Brems, Eva}},
issn = {{0924-0519}},
journal = {{NETHERLANDS QUARTERLY OF HUMAN RIGHTS}},
keywords = {{Political Science and International Relations,Sociology and Political Science,Law,HRC,European Court of Human Rights,subsidiarity,margin of appreciation,EUROPEAN COURT,AGE}},
language = {{eng}},
number = {{3}},
pages = {{210--227}},
title = {{Positive subsidiarity and its implications for the margin of appreciation doctrine}},
url = {{http://doi.org/10.1177/0924051919861798}},
volume = {{37}},
year = {{2019}},
}
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