Davala, Michal: Should the “margin of appreciation” be abandoned without delay?



The margin of appreciation is an interpretative tool of the European Court of Human Rights. The contribution analyses the opinion of Judge De Meyer, who suggested, that the margin of appreciation should be abandoned without delay based on following argument: (a) there is no room for states to decide what is acceptable and what is not; (b) boundary must be as clear and precise as possible; (c) margin of appreciation implies relativism; (d) it is pointless in practice. In contrary, author argues that there is a room for some discretion of states within the Convention; that the margin of appreciation should be seen as an attempt to articulate clearly that certain criteria may influence final judgement; that it does not recast cultural relativism; and that it is useful tool when interpreting the Convention in practice. Consequently contribution does not support opinion of Judge De Meyer.