A Problem of Progress in the European Convention of Human Rights

• Main Author: Ján ŠURKALA
• Format: Article
• Language: English
• Published: Danubius University 2015-08-01
• Series: Acta Universitatis Danubius: Juridica
• Subjects: progress; European Convention on Human Rights; interventionism; principle of subsidiarity; margin of appreciation
• Online Access: http://journals.univ-danubius.ro/index.php/juridica/article/view/2806/2757

In the current article author tries to focus on a problem of progress in the European Convention of Human Rights. Objectives: The main objective is to discover how the idea of progress, contained in numerous international legal sources, is reflected in a recent case-law of ECtHR. Prior Work: Regardless the fact, that there have been published tens of works dedicated to the concept of progress in the public international law during the last decades, none of them has been targeted on currently investigated issue. Approach: Firstly, the author analyses particular international treaties and tries to evaluate their inspiration by the idea of progress. Subsequently, he finds the reflection of this general idea in the current decision of ECtHR in case of N.K.M. v. Hungary. Results: By the comparison of the codified progressivistic inspirations and their reflection in the analysed case he finds out that this idea has transformed from general statement to assessment criterion with somehow modified content. Implications: By this observation he demonstrates the general tendency of the court to increase its interventionism on expense of a margin of appreciation of the member states. Value: By doing so, he does not just warn of rather dangerous movement in ECtHR case-law, but also offers certain methodological sample, how to detect similar tendencies.