The analysis of the effective control test under the European Court of Human Rights’ case-law

Abstract

The present Paper will demonstrate the developments of the Court’s case-law on its extraterritorial jurisdiction and the application of the ‘effective control’ test. The significance of the Paper is the question whether, in the near future, further developments of the Court’s case-law will expand the Court’s margin of appreciation over the territories outside the High Contracting Parties’ boundaries. The expansion of the Court’s territorial jurisdiction has already in some way resulted in inconsistencies in its case-law. The question is what are the consequences of the expansion of the Court’s margin of appreciation.