Doctrine of Margin of Appreciation in Meeting National Interests of Member States of the European Convention on Human Rights

Document Type : Research Paper

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Abstract

By assuming competence for or authorizing the member states of the European Convention on Human Rights to take some actions, Doctrine of Margin of Appreciation provides them with the possibility to create a balance between requirements of their national interest while complying with their obligations according to the Convention. In fact, based on the Doctrine, the member states can interpret the provisions of the Convention in a way that they do not breach those provisions; however, they can secure their national interests.    

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