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The ruling is in line with recent ECHR judgments that have stressed the so-called "margin of appreciation" – the latitude allowed to member states in deciding more marginal issues according to their national legal traditions.
Consequently, states should enjoy a wide margin of appreciation.
As the margin of appreciation has shrunk, so controversy has grown.
The Strasbourg judges have no problem with the principle of subsidiary or the margin of appreciation.
Strasbourg sometimes allows governments what it calls a margin of appreciation – room for manoeuvre.
It further said that "the policy had overstepped any acceptable margin of appreciation in this regard".
First, the margin of appreciation is relevant at two distinct stages.
Part II describes the history and development of the margin of appreciation.
Part IV illustrates how the margin of appreciation threatens the rule of law in Europe.
Mr Cameron limply suggests that in response to his bill Strasbourg might grant the UK a "wider margin of appreciation".
The draft proposes amending the Convention to include direct references to the principles of subsidiarity and the margin of appreciation.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com