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The principle of subsidiarity in the international law of human rights


Author: Antohi Leonid
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2018
Scientific adviser: Diana Sîrcu-Scobioala
doctor habilitat, associate professor (docent), Moldova State University
Institution: Moldova State University

Status

Term of presenting of the thesis 30 August, 2018

Abstract

Adobe PDF document0.52 Mb / in romanian

Thesis

CZU 341.231.14 (043.3)

Adobe PDF document 3.07 Mb / in romanian
178 pages


Keywords

subsidiarity, human rights, fundamental freedoms, European Convention on Human Rights, margin of appreciation, national authorities, European Union, state sovereignty, case-law

Summary

Structure of the thesis: introduction, 4 chapters, general conclusions and recommendations, 10 annexes, bibliography which includes 236 sources, basic text of 145 pages. The results of the research are exposed in 6 scientific articles and reports to scientific conferences.

Area of the research. This work is based on the study of international public law, international law of human rights and EU law, with a special emphasis on the analysis of the principle of subsidiarity.

Goal and objectives of the thesis. The main purpose is the broad research of the principle of subsidiarity, generally, in the context of international public law, and particularly on the terrain of international law of human rights. Attention is paid to outlining the peculiarities of the application of the above-mentioned principle in different international legal systems of human rights protection and by various international jurisdictions. The objectives of the research are directed to discovering the origins and evolution of the meanings of the principle, definition of the modern concept of subsidiarity, exploration of its impact in the area of human rights through the analysis of the case-law of international courts and a detailed study of the Strasbourg Court’s practice.

Scientific novelty and originality of scientific results is determined by the fact that it presents a first comprehensive national research of the principle of subsidiarity, from the perspective of the international law of human rights. The research identifies the consolidated concept of subsidiarity, the particularities of the respective principle, the limits of its application by different international jurisdictions and in the context of various systems of human rights protection. It further elaborates on the place and role of the principle of subsidiarity in the ECHR system.

Important scientific problem that has been solved consists in conceptualizing of the institution of subsidiarity in the doctrine of public international law by identifying and formulating the limits of applicability of the principle of subsidiarity by various international jurisdictions and in the context of various systems of human rights protection, which allowed a set of recommendations including de lege ferenda to be submitted in order to enhance the quality of the national act of justice.

Theoretical meaning of the research. The research has a profound theoretical character, referring to the peculiarities of the application of the principle of subsidiarity in the case-law of international courts. The present thesis develops considerably the national theoretical basis on the nature and legal quintessence of the principle of subsidiarity, in connection to the legal challenges faced by national and international actors. The research also reviews and updates the information included in the regional legal literature.

Practical value of the work results from the fact that it is presented as a completed theoretical study and it is possible to use it by the public initiated in the field of public international law, international human rights law, international law and European Union law.

Implementation of the scientific outcomes. The results, conclusions and recommendations formulated through this research were exposed in the texts of scientific articles published in specialised magazines, and were put forward for discussions during national and international conferences.