This study examines the uncharted area of Court judgments finding no violations of the ECHR. After a statistical analysis of the Court's contemporary decision–making the study considers the types of rights being asserted in cases where the Grand Chamber eventually determined that no violations of the Convention took place. Then a detailed scrutiny of those judgments identifies a number of factors explaining why the Court may find no violations to have occurred. Conclusions are drawn as to the importance of the margin of appreciation doctrine in this area.
European Public Law – Kluwer Law International
Published: Jun 1, 2008