THE THEORIES OF INTERPRETING THE EUROPEAN CONVENTION OF HUMAN RIGHTS – AS SHOWN IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

The European system of human rights protection is generally considered as a model of the effectiveness at the level of the international human right law. This general opinion expressed in the doctrine is mainly due to the current mechanism of protection of the rights guaranteed by the European Convention of Human Rights that enables an unique and permanent body, namely the European Court of Human Rights, to exercise an effective control upon the violations of the convention made by the Member States. Still, the doctrine is not very opened to the interpretations of the ECtHR given to the European Convention of Human Rights. In the following we shall present the main theories reflected in the ECtHR case-law as well the critics formulated by the doctrine