MORAL SOVEREIGNTY IN THE FACE OF "STATE SOVEREIGNTY" IN THE EUROPEAN SYSTEM OF PROTECTiON OF HUMAN RIGHTS
This article is concerned with the relationship between the jurisdiction of the European Court of Human Rights and the Council of Europe member-states' sovereignty. It is also about the limits of discretion of member-states in fulfilling their obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms. The author highlights the main provisions of the "margin of appreciation" doctrine and insists on the impermissibility of mixing up the concepts of margin of appreciation and freedom of discretion. Moreover, A. Kovler in his article refers to the ECtHR's practice of pilot decrees, reviewing it in view of member-states' reactions to these decisions. He touches on the problem of conflicting interpretations of the Convention's provisions and the timely necessity of working out a judges' dialogue. He also gives his opinion about the question of state's immunities.