Towards the Control of Private Acts by the European Court of Human Rights?

Research output: Contribution to journalArticleAcademicpeer-review

4 Citations (Scopus)

Abstract

This contribution critically analyzes the current approach by the European Court of Human Rights to the applicability of fundamental rights enshrined in the European Convention on Human Rights to private acts. It explores the recent case law of the Court primarily through the case of Appleby and Others v. the United Kingdom (Appleby) and the case of Pla and Puncernau v. Andorra (Pla), looking at its implications for the relationships between private parties under the private law of the States parties to the Convention, and, in particular, the role of the doctrine of 'margin of appreciation' in limiting the control of private acts by the Court as to their compatibility with fundamental rights.
Original languageEnglish
Pages (from-to)195-218
JournalMaastricht Journal of European and Comparative Law
Volume13
Issue number2
Publication statusPublished - 2006
Externally publishedYes

Keywords

  • European Court of Human Rights, horizontal effect, Appleby, Pla

Cite this