The impact of the ECTHR interpretative methods and principles on selected civil law institutes

Abstract

In this article, the authors examine the impact of interpretative methods and principles, as developed by the European Court of Human Rights, when interpreting the Convention for the Protection of Human Rights and Fundamental Freedoms, by interconnecting them to selected civil law institutes. Those methods and principles are: the autonomous concept, the living instrument doctrine (the evolutive interpretation), the doctrine of effectiveness and, in this regard, the margin of appreciation and positive obligations of states. The article shows how the interpretation of the Convention, in accordance with these methods and principles, influenced actio negatoria and vindication complaint.

Keywords

• the autonomous concept
• the living instrument doctrine
• the doctrine of effectiveness
• margin of appreciation
• positive obligations
• actio negatoria
• vin­dication complaint