مبدأ الاحتياطية على ضوء الاتفاقية الأوروبية لحقوق الإنسان

Abstract EN

The Principle of Subsidiarity is the core of the human rights protection system in the European Convention on Human Rights, it seeks to make the Member States primarily responsible for ensuring the protection of the rights and freedoms, and it is a condition for triggering the regional protection and the resort to the European Court, as an oversight judicial body.

The respect for the State’s sovereignty and its national specificities are the reasons behind the consecration of the principle, it aims to ensure effective protection of rights, consolidate the confidence between the States and the Court and strengthen the Court’s decisions.

The principle appears in two forms: material subsidiarity which refers to the distribution of jurisdiction between the States and the Court, and procedural subsidiarity which regulates the functional relationships between them.

The major result of the principle is granting a discretionary margin to the State under the Court’s censorship.