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THE MARGIN OF APPRECIATION RECOGNIZED FOR THE SIGNATORY STATES OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN THE FIELD OF MEDICALLY ASSISTED HUMAN REPRODUCTION

Georgeta Bianca SPÎRCHEZ

Abstract: The following study focuses on a subject that is facing an obvious dynamic, correlated with the latest progress of medical sciencesthat of medically assisted human reproduction. The option for analysing such a theme lies in the fact that it continues to generate issues not only of legal nature, but also ethical and moral ones, extremely delicate, having significant consequences in matters of family relationships. As there is no unitary approach at European level, we intend to examine, through this article, the general principles that emerge from the European Court of Human Rights caselaw (as all Member States of the European Union are part of the European Convention of Human Rights). Thus, the international jurisdiction recognizes for the signatory States of the European Convention on Human Rights an appropriate margin of appreciation, which the European Court considers the States should enjoy in this sphere, but subject the decisions of the national authorities to a critical evaluation, in order to investigate the observance of the right balance between the competing interests. Drafting the work plan of the paper, we considered, in its first part, the elements of analysis that make up the margin of appreciation doctrine, having in mind, afterwards, their application in concrete cases brought before the ECHR, cases that are confined to the problem of assisted procreation.

 

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Volume X, special issue II, December 2019, posted at 23th of December 2019

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European Union Law

THE LISBON TREATY AND THE RISKS OF NONCOORDINATION OF ECONOMIC POLICIES IN THE E.U.

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Ion M. ANGHEL

CONSIDERATIONS REGARDING THE ROLE OF JURISPRUDENCE AS A SOURCE OF LAW IN ROMANIAN LAW AND IN EUROPEAN UNION LAW

Mihai BĂDESCU

BRIEF CONSIDERATIONS ON THE INSTITUTION OF PENALTY IN THE CONSTITUTIONS OF EU MEMBER STATES

Silviu Gabriel BARBU

Vasile COMAN

THE DISCIPLINARY OFFENCES OF INCOMPATIBILITY AND CONFLICT OF INTERESTS REGARDING PUBLIC OFFICIALS, AS PROVIDED FOR BY THE LEGISLATION OF ROMANIA, ARE OF AN CRIMINAL NATURE UNDER ARTICLE 6, PARAGRAPH 1 ECHR

Tudor CHIUARIU

CONSTITUTIONAL IDENTITY AND EUROPEAN MEMBERSHIP

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THE IMPACT OF THE CURRENT INTERNATIONAL LAW CRISIS ON THE RIGHT TO SUSTAINABLE DEVELOPMENT

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LEGAL LIMITS OF THE EXERCISE OF THE FREE MOVEMENT OF PERSONS IN THE EUROPEAN UNION

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CONSUMERS PROTECTION FROM THE PERSPECTIVE OF SANCTIONING DOUBLE QUALITY STANDARD OF PRODUCTS AND SERVICES IN THE EUROPEAN UNION

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EUROPEAN COMMONWEALTH ARMY – CHALLENGE FOR A PROPER EU REGULATION

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Constanţa MĂTUŞESCU

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BREXIT AND THE BACKSTOP SOLUTION ON NORTHERN IRELAND

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UE Law and Comparative Law

IN DUBIO PRO REO - MYTH OR REALITY

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CRIMINAL LIABILITY FOR ECOLOGICAL DAMAGE RESULTING FROM NUCLEAR TRANSPORT

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INSTRUMENTS FOR BETTER REGULATION. A COMPARISON OF THE REGULATORY IMPACT ASSESSMENT (RIA) LEGAL FRAMEWORK IN ROMANIA AND IN FRANCE

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THE ROLE AND IMPORTANCE OF CLUSTERS IN EUROPE. GERMAN MODEL VERSUS ROMANIAN MODEL

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MEASURING THE HARMONIZATION DISTANCE WITHIN THE LEGAL SPACE OF THE EUROPEAN UNION AS A TOPOLOGICAL SPACE

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INFORMAL SETTLEMENTS – LEGISLATIVE CHANGES MADE IN THE ROMANIAN LEGISLATION, THROUGH LAW NO. 151/2019, RELATED TO THE EUROPEAN LEGISLATION AND THE PROVISIONS OF THE CONVENTIONS THAT PROTECT THE FUNDAMENTAL HUMAN RIGHTS

Mădălina BOTINĂ

CURRENT CHALLENGES OF THE LAWYER PROFESSION

Alexandru-Aurelian CHIRIŢĂ

RELIGIOUS FREEDOMS AT EUROPEAN UNION LEVEL AND THEIR PROTECTION BY THE PEOPLE'S ADVOCATE

Denis-Roxana GAVRILĂ

COMPARATIVE ANALYSIS REGARDING THE IMMOVABLE GOODS PUBLICITY AND THE LAND BOOK OF THE STATES OF THE EUROPEAN UNION

Marilena MARIN

IMPLEMENTATION OF THE EUROPEAN ETHICAL CHARTER ON THE USE OF ARTIFICIAL INTELLIGENCE IN JUDICIAL SYSTEMS AND THEIR ENVIRONMENT

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Petru Emanuel ZLATESCU