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COMMENTS 

"A bad day for Europe"?

Juncker’s nomination was not a sudden, not an unexpected and not even a distinct event. Neither does it spell an end to the European Council’s dominance in constitutional politics or make EU reform less likely.
Dr Christine Reh
2 July 2014
More...

Starts: Jul 1, 2014 12:00:00 AM

When anger masks apathy

As a closer look at the European Parliament Elections in Central and Eastern Europe suggests, it may be non-voting, rather than populist protest voting, which could prove the real long-term threat to sustainability of the EU’s troubled democratic institutions.
Dr Sean Hanley
2 June 2014 More...

Starts: Jun 2, 2014 12:00:00 AM

The Eighth European Parliament: More Politicisation

Despite “shocks” & “earthquakes” that took place at the national level, the European Parliament remains mainly pro-EU. Why did the rise of Eurosceptics not make more of an impact, and what do the results mean for the 8th European Parliament?
Alexander Katsaitis
27 May 2014 More...

Starts: May 27, 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).