UDC 341.231.14.
Biblid: 1451-3188, 12 (2013)
Vol. 13, No 45-46, pp. 348-374
DOI:

Оriginal article
Received: 01 Jan 1970
Accepted: 01 Jan 1970

EVOLUCIJA DOKTRINE EKVIVALENTNE ZAŠTITE

Čorić-Erić Vesna (Институт за упоредно право), vesnacoric@yahoo.com

This article provides a discussion and analysis on the scope, content, legal significance and prospects of the doctrine of equivalent protection. More particularly, the article first offers brief background on the issue, identifying three main stages of its development, based on the relevant case-law of the ECHR. It is argued that the scope of the doctrine gradually got extended and clarified, despite the fact that a recently created Bosphorus presumption on the doctrine of equivalent protection is hardly rebuttable. Finally, this article discusses the prospects of the doctrine in light of the accession of the EU to the ECHR, as well as in case of failure to reach accession agreement.

Keywords: the doctrine of equivalent protection, fundamental rights, the European Court of Human Rights, the Court of Justice, accession