the doctrine of margin of appreciation entail

The doctrine allows the Court to reconcile practical differences in implementing the articles of the Convention. Such differences create a limited right, for Contracting Parties, "to derogate from the obligations laid down in the Convention". The doctrine also reinforces the role of the European Convention, as a supervisory framework for human rights. In applying this discretion, European Court judges must take into account differences between domestic laws of the Contracting States as they relate to substance and procedure. The margin of appreciation doctrine contains concepts that are analogous to the principle of subsidiarity, which occurs in the unrelated field of European Union law. The purpose of the margin of appreciation is to balance individual rights with national interests, as well as resolve any potential conflicts.

The doctrine of the “margin of appreciation" plays a fundamental role in the smooth functioning of the organs and institutions of Contracting States and Strasbourg. Given that Contracting States possess different legal and cultural traditions, it is inevitable that States shall occasionally view the application of their EHCR obligations differently. These differences have the potential to result in confrontations between the Strasbourg Court and a Contracting State. Whilst that is the case, the Strasbourg Court is not only obliged to interpret the ECHR, but is also obliged to respect the sovereignty of a Contracting State. The doctrine of the “margin of appreciation" provides the Strasbourg Court with the means by which to permit national authorities to enjoy the freedom to apply the Convention in accordance with their own unique legal and cultural traditions without flouting the ultimate objective and purpose of the Convention.