From compromise to principle: Revisiting the concept of subsidiarity and its role in EctHR reform
Purpose of this article is to revisit the traditional notion of subsidiarity as a principle based on a political compromise aimed at conservation of state sovereignty and affirmation of pluralism and diversity by pointing out that subsidiarity has become a deep structural principle embedded in Conve...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2017-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2017/0003-25651701187T.pdf |
| _version_ | 1818503898948698112 |
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| author | Todorović Aleksandar |
| author_facet | Todorović Aleksandar |
| author_sort | Todorović Aleksandar |
| collection | DOAJ |
| description | Purpose of this article is to revisit the traditional notion of subsidiarity as a principle based on a political compromise aimed at conservation of state sovereignty and affirmation of pluralism and diversity by pointing out that subsidiarity has become a deep structural principle embedded in Convention's supervisory mechanism which outlines the role of the Court in European human rights regime. Furthermore article will argue that subsidiarity incorporates both ascending (negative) and descending (positive) element while questioning validity of the member states argument that Court is overstepping its own competences prescribed by the Convention. Lastly author will elaborate how both, negative and positive, aspects of principle of subsidiarity can be used in resolving ECtHR backlog and explore what instruments are at Court's disposal when asserting 'positive subsidiarity'. |
| first_indexed | 2024-12-10T21:29:59Z |
| format | Article |
| id | doaj.art-3e268ca847ae419688ea3ba12ffde69b |
| institution | Directory Open Access Journal |
| issn | 0003-2565 2406-2693 |
| language | English |
| last_indexed | 2024-12-10T21:29:59Z |
| publishDate | 2017-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj.art-3e268ca847ae419688ea3ba12ffde69b2022-12-22T01:32:50ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932017-01-0165118719910.5937/AnaliPFB1701187T0003-25651701187TFrom compromise to principle: Revisiting the concept of subsidiarity and its role in EctHR reformTodorović Aleksandar0University of Business Academy in Novi Sad, Faculty of Law, Novi Sad, SerbiaPurpose of this article is to revisit the traditional notion of subsidiarity as a principle based on a political compromise aimed at conservation of state sovereignty and affirmation of pluralism and diversity by pointing out that subsidiarity has become a deep structural principle embedded in Convention's supervisory mechanism which outlines the role of the Court in European human rights regime. Furthermore article will argue that subsidiarity incorporates both ascending (negative) and descending (positive) element while questioning validity of the member states argument that Court is overstepping its own competences prescribed by the Convention. Lastly author will elaborate how both, negative and positive, aspects of principle of subsidiarity can be used in resolving ECtHR backlog and explore what instruments are at Court's disposal when asserting 'positive subsidiarity'.http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2017/0003-25651701187T.pdfEuropean court of human rightssubsidiarityEctHR reform |
| spellingShingle | Todorović Aleksandar From compromise to principle: Revisiting the concept of subsidiarity and its role in EctHR reform Anali Pravnog Fakulteta u Beogradu European court of human rights subsidiarity EctHR reform |
| title | From compromise to principle: Revisiting the concept of subsidiarity and its role in EctHR reform |
| title_full | From compromise to principle: Revisiting the concept of subsidiarity and its role in EctHR reform |
| title_fullStr | From compromise to principle: Revisiting the concept of subsidiarity and its role in EctHR reform |
| title_full_unstemmed | From compromise to principle: Revisiting the concept of subsidiarity and its role in EctHR reform |
| title_short | From compromise to principle: Revisiting the concept of subsidiarity and its role in EctHR reform |
| title_sort | from compromise to principle revisiting the concept of subsidiarity and its role in ecthr reform |
| topic | European court of human rights subsidiarity EctHR reform |
| url | http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2017/0003-25651701187T.pdf |
| work_keys_str_mv | AT todorovicaleksandar fromcompromisetoprinciplerevisitingtheconceptofsubsidiarityanditsroleinecthrreform |