The Determinant Factors and Measurement Criteria for the Scope of States’ Margin of Appreciation in the European Court of Human Rights Jurisprudence

Ragheb, Niloufar; Savari *,, Hasan

doi:10.48311/clr.2025.101619.0

The Determinant Factors and Measurement Criteria for the Scope of States’ Margin of Appreciation in the European Court of Human Rights Jurisprudence

Document Type : مقالات علمی پژوهشی

Authors

niloufar ragheb ¹

Hasan Savari *, ²

¹ Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.

² Associate Professor of International Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran.

10.48311/clr.2025.101619.0

Abstract

The implementation of obligations by states involves a certain margin of appreciation, but this right of states is not unlimited. In this regard, the European Court of Human Rights emphasizes that this right must be under the supervision of the Court. Nerveless the Court's practice does not show a uniform approach to the scope of states’ right. Based on the circumstances, subject matter and its background, the court declare governments have wide, narrow and limited margin of appreciation. The court at the same time, declare some criteria for acceptance of their measures it this framework. This research by descriptive-analytical method considered the court’s approach to the effective factors on scope of state’s margin of appreciation and Evaluation criteria applied on the wide and narrow margin of appreciation in its proceedings. The research concludes that determination of margin of appreciation scope is affected by various factors including the nature of claiming rights, disputed subject, beneficiaries and importance of maters. At the same time almost similar criteria by different content is used for wide and narrow margin of appreciation.

Keywords

Court Supervision

Interpretation Method

Nature of Right

Disputed Subject

Beneficiary Groups

Subjects