Interpretative techniques

Question 1

Autonomous concepts

Answer 1

Concepts which have their own unique meaning in ECHR and can therefor not be interpreted by using national law, eg. 
'arrest', 
'civil rights and obligations', 
'criminal', 
'witness', 
'charge', 
'sentence' 
'property' 
'residence'  
'expulsion' 
'jurisdiction' 
'civil'  
'criminal'

Question 2

‘Hearing’ art. 6

Answer 2

The court includes civil and criminal matters and broadens the concept
Not included: Taxpayers, aliens, executive public officials, and finally voters and elected officials

Question 3

Pellegrin v. France

Answer 3

ntroduced the ‘functional’ criterion to the applicability to art. 6

Question 4

Dilution of concepts

Answer 4

Different rights have ‘circles’ - the closer to the core of the right - the stronger protected and the more it takes for an infringement to be necessary in a democracy

Question 5

The Theory of inherence

Answer 5

• Some elements are inherently necessary in a right

- This ensures that the right is actually available in practicality

Question 6

The theory of positive obligations

Answer 6

• The duty to protect persons under state jurisdiction

- Making sure that private persons comply with the convention in relations

Question 7

Judicial restraint

Answer 7

The court is afraid of antagonizing the states,

Question 8

National margin of appreciation

Answer 8

Build on: the philosophy of subsidiarity and state sovereignty

Question 9

Consensus

Answer 9

The courts will base their interpretation of the convention on a perceived consensus in the member states (either emerging or already present)

Question 10

Progressive interpretation

Answer 10

The court will expand the meaning of the rights in the convention