Примери за използване на Margin of appreciation на Английски и техните преводи на Български
{-}
-
Colloquial
-
Official
-
Medicine
-
Ecclesiastic
-
Ecclesiastic
-
Computer
Leaves to the Contracting States a margin of appreciation.
Member States have a margin of appreciation how to implement the investment clause.
Article 10 para 2 leaves to the Contracting States a margin of appreciation.
Is this not the essence of the margin of appreciation in a case like the present one?
There is room for implied limitations andContracting States must be allowed a margin of appreciation in this sphere.
While the State was entitled to a margin of appreciation to protect pre-natal life, it was not an absolute one.
The notion of aid is an objective one applied under the scrutiny of the Court of Justice of the European Union,meaning that the Commission has no margin of appreciation.
The scope of the margin of appreciation will vary according to the circumstances, the subject matter and its background;
However, the nature of these goals remains undefined,thereby leaving broad margin of appreciation to the decision-making bodies(20).
The Court should not use the margin of appreciation principle as a merely pragmatic substitute for a thought-out approach to the problem of proper scope of review”.
In sum, the Court considers that the Bulgarian authorities went beyond the limits of their margin of appreciation under Article 9§ 2 of the Convention.
However, while States enjoy a margin of appreciation in this regard, this does not confer on them absolute discretion or freedom of action, as the Court has reiterated on many occasions.
I also agree, as stated in paragraph 234,that the next question is whether this wide margin of appreciation is narrowed by the existence of a relevant consensus.
However, whilst the Court identifies a consensus, it does not appear to me that it considers, as ought to be done,whether such consensus is a relevant consensus to the margin of appreciation at issue.
However, the question remains whether this wide margin of appreciation is narrowed by the existence of a relevant consensus.
In conclusion, the degree of conformity of the above-described international laws andcomparative standards was such that it did not admit of a margin of appreciation being accorded to Ireland in this matter.
However, for disbursement purposes, the Commission used its margin of appreciation and positively assessed several PFM conditions even though implementation on the ground was affected by shortcomings(see Box 4).
A particularly important facet of an individual's existence or identity is at stake(such as the choice to become a genetic parent), the margin of appreciation accorded to a State will in general be restricted.
In its recent communications on the newly introduced margin of appreciation, the Commission has stressed the importance of balancing fiscal sustainability and anticyclical.
In general terms, the judgment affirms that“the Court does not consider that the prohibition in Ireland of abortion for health andwell-being reasons… exceeds the margin of appreciation accorded in that respect to the Irish State”(paragraph 241).
The Contracting States had a margin of appreciation in relation to the implementation of the Convention since the national authorities were, in principle, better placed than an international court to evaluate local needs and conditions.
The Commission considers that its use of flexibility,including the margin of appreciation, has been proportionate, appropriate and economically justified.
Despite the margin of appreciation enjoyed by the Government in such matters the Court is not convinced that it was not possible to ensure that both celebrations proceeded peacefully either at the same time or one shortly after the other.
Such a general, automatic andindiscriminate restriction on a vitally important Convention right had to be seen as falling outside any acceptable margin of appreciation, however wide that margin might be, and as being incompatible with Article 3 of Protocol No 1».
The Court finds that the domestic courts acted within their margin of appreciation and struck a fair balance between the applicant's rights under Article 8 and the association's opposing right to freedom of expression under Article 10.
According to the Government and the majority of the Commission, the Court has only to ensure that the English courts acted reasonably,in good faith and within the limits of the margin of appreciation left to the Contracting States by Article 10 para.
Notwithstanding the national authorities' margin of appreciation, the Court considers that there was no reasonable relationship of proportionality between the restrictions placed on he applicant's right to freedom of assembly and any legitimate aim pursued.
Although the forfeiture made it permanently impossible to show the film anywhere in Austria, the Court considers that the means employed were not disproportionate to the legitimate aim pursued andthat therefore the national authorities did not exceed their margin of appreciation in this respect.
While the Convention leaves to those authorities a margin of appreciation in this connection, their assessment is subject to supervision by the Court, going both to the law and to the decisions applying it, including decisions given by independent courts.
Such a measure is not covered by the exceptions to which freedom of expression can be subjected, even if the aim is perfectly legitimate andif the qualification of what is moral in a democratic society remained within the framework of the State's margin of appreciation.