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Deference in International Courts and TribunalsStandard of Review and Margin of Appreciation$
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Lukasz Gruszczynski and Wouter Werner

Print publication date: 2014

Print ISBN-13: 9780198716945

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780198716945.001.0001

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The Standard of Equivalent Protection as a Standard of Review

The Standard of Equivalent Protection as a Standard of Review

Chapter:
(p.272) 15 The Standard of Equivalent Protection as a Standard of Review
Source:
Deference in International Courts and Tribunals
Author(s):

Veronika Bílková

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198716945.003.0015

Chapter 15 discusses the concept of ‘standard of equivalent protection’ as a specific form of standard of review used within European human rights law. Such a standard provides that no detailed review of measures adopted under the EU system is needed, provided that certain conditions are met. The chapter argues that, despite some shortcomings, the standard strikes an acceptable balance between the effort to avoid engaging in the indirect scrutiny of the EU law, and the need for the ECtHR to remain the final guardian with respect to the ECHR. It concludes that the planned accession by the EU to the ECHR does not necessarily ring the death-knell to the standard, due to the specific nature of review undertaken with its help. Consequently, the standard of equivalent protection could be preserved either as a new admissibility criterion for cases directed against the EU institutions, or as an instrument of substantive review.

Keywords:   standard of equivalent protection, standard of review, human rights, European Union, EU, Council of Europe, European Convention on Human Rights, ECHR, European Court of Human Rights, ECtHR

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