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The ‘margin of appreciation’ in echr case-law as a boundary line to legal transplants

2015

This study investigates the influence of the European Human Rights Court on State 'margin of appreciation' on the diffusion of accepted or rejected cultural and political choices through the jurisprudence of the case-law. The margin of appreciation is aninterpretative argument, a criterion, a parameter, which allows the Court to preserve rather than censure national State policies and choices on difficult issues which, involving moral and ethical questions, and which do not receive common answers in the ,European legal systems. The work considers some decisions of the Court on abortion, ovum donation, pre-implant embryo analysis and artificial procreation techniques, to find out if, in such…