Acta Universitatis Danubius. Juridica, Vol 11, No 2 (2015)

Abstract

In the current article author tries to focus on a problem of progress in the European Convention of Human Rights. The main objective is to discover how the idea of progress, contain in numerous international legal sources, is reflected in a recent case-law of ECtHR. Regardless the fact, that there have been published tens of works dedicated to the concept of progress in public international law during the last decades, none of them has been targeted on the currently investigated issue. Firstly the author analyse particular international treaties and tries to evaluate their inspiration by the idea of progress. Subsequently, he finds a reflection of this general idea in the current decision of ECtHR in case of N.K.M v. Hungary. By the comparison of the codified progressivistic inspirations and their reflections in the analysed case he finds out that this idea has transformed from general statement to assessment criterion with rather modified content. By this observation he demonstrates a general tendency of the court to increase its interventionism on expense of a margin of appreciation of member states. By doing so, he does not just warn of rather dangerous movement in ECtHR case-law, but also offers certain methodological sample, how to detect similar tendencies.