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COMMENTS 

'Highly problematic, to put it mildly'

Deciphering the Conservative Party’s proposals for a new ‘British Bill of Rights’ is not an easy task, as the eight-page policy document is riddled with errors, distortions and imprecise language. What is more, their two main policy aims are highly problematic, argues
Colm O'Cinneide
9 October 2014
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Starts: Oct 9, 2014 12:00:00 AM

UK & EU: New Faces, Old Problems?

The row between Britain and its allies that accompanied the nomination of Jean-Claude Juncker as the new Commission President was seen by some as an effective short-term tactic from David Cameron. But the ‘Juncker bounce’ was short-lived and left Cameron in a long-term strategic pickle.
Paola Buonadonna
6 October 2014
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Starts: Oct 6, 2014 12:00:00 AM

Five lessons of the Juncker Affair

It is now three months since Jean-Claude Juncker was elected President of the Commission, against the express wishes of the British and Hungarian governments.  What lessons can we draw from this episode about British attitudes to the European Union?
6 October 2014
Prof Michael Shackleton
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Starts: Oct 6, 2014 12:00:00 AM

Dean Spielmann: Whither the margin of appreciation?

Publication date: Nov 13, 2013 4:48:03 PM

Start: Mar 20, 2014 12:00:00 AM

20 March 2014
This lecture by the current President of the European Court of Human Rights on a key issue in European human rights jurisprudence will be chaired by The Rt Hon The Lord Neuberger.


When:

20 March 2014

6.00-7.00pm

Where:

UCL Laws

Registration

 

Chaired by The Rt Hon The Lord Neuberger
Current Legal Problems Lecture Series 2013-14
UCL Faculty of Laws

Academic or general interest in this topic? See our related online resource collection!

Abstract: The doctrine of the margin of appreciation may be regarded as being among the most prominent judge-made legal constructs in European human rights jurisprudence. It is an analytical tool that guides the European Court in its examination of the complaints raised under many, but not all, provisions of the Convention and its Protocols. It makes for a body of human rights law that accepts pluralism over uniformity, as long as the fundamental guarantees are effectively observed. Alongside its normative function, the doctrine pursues what may be termed a systemic objective. It devolves a large measure of responsibility for scrutinising the acts or omissions of national authorities to the national courts, placing them in their natural, primary role in the protection of human rights. It is therefore neither a gift nor a concession, but more an incentive to the domestic judge to conduct the necessary Convention review, realising in this way the principle of subsidiarity. Protocol No. 15, adopted in May 2013 and currently in the process of ratification by the 47 Contracting Parties, will add to the Preamble of the Convention references to both the margin of appreciation and subsidiarity. What are the implications of this reform for the Strasbourg Court? And for national courts?


Biography: Dean Spielmann studied at the Catholic University of Louvain (Belgium) and Fitzwilliam College, Cambridge (United Kingdom). He became a member of the Luxembourg Bar in 1989. As a lawyer he worked in various fields, including administrative law, civil and criminal law and human rights law. He acted as Counsel in a number of cases before the Commission and Court of Human Rights in Strasbourg. He was also a member of the Bar Council and the Disciplinary and Administrative Council of the Legal Profession, as well as sitting on various committees of the Council of Bars and Law Societies of Europe (CCBE).