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The margin of appreciation doctrine in the context of the right to respect for private life in the light of the judgements of the ECtHR

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2025
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Abstract (EN)

The margin of appreciation doctrine is a judicial control mechanism historically developed by the European Court of Human Rights (ECtHR). Through this doctrine, the states party to the European Convention on Human Rights (ECHR) are granted the discretion to determine the means for implementing the Convention or to take measures to protect the rights and freedoms guaranteed under it within their sovereign domain. On the other hand, when it comes to the right to respect for private life, which is safeguarded under Article 8 of the Convention, the ECtHR has described the scope of this right as "extremely difficult to define." By applying the autonomous concepts doctrine, the Court has included certain notions within the scope of the right to respect for private life, independent of the definitions in the domestic laws of member states. This approach effectively narrows the margin of appreciation granted to national authorities. In light of this explanation, the primary objective of this study is to analyze the ECtHR's perspective on the margin of appreciation doctrine in the context of the right to respect for private life, to examine the criteria by which the Court expands or restricts the discretion afforded to states, and to assess whether a uniform approach is maintained in its application

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Özge Hazır

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Özge Hazır (Master Thesis). The margin of appreciation doctrine in the context of the right to respect for private life in the light of the judgements of the ECtHR, 2025, Kırklareli University.

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