The higher domestic protection of the rights of the ECH Rights and the impact of the national margin of appreciation

Abstract

Abstract:

This article analyzes, within a context of a multilevel protection
of rights, some questions arising from the domestic application of
the doctrine of the national margin of appreciation, with a special
emphasis on the Spanish case. The research focuses on the impact
that domestic courts decisions may have on the judicial backsliding
of Human Rights when applying the standard of protection of rights
that comes from ECtHR decisions granting a national margin of
appreciation.