The National margin of appreciation in the decisions of the ECtHR concerning the right to free elections

Abstract

Although the Margin of appreciation is characterized as a shadowy figure, if we investigate in the European Court of Human Rights jurisprudence we can draw a number of criteria that aim its application in the right to free elections as established in Article 3 of the additional Protocol to the European Convention on Human Rights. Thus, in this research we have tried to locate the different patterns that the Strasbourg Court takes into account in deciding whether certain restrictions on the right to free elections of a State party are covered under the umbrella of the margin of appreciation.Published online: 13 November 2014

Keywords

• derecho a elecciones libres
• margen de apreciación
• tedh
• déficit
• imprecisión