Bosphorus presumption
Is there an obligation from another international organization,
which the member state is a part of?
- If there is any kind of discretion within the application of that rule, there is
no obligation
No Yes
Does that obligation p
No equivalent protection to t
No = normal rules apply, the right?
ECtHR will assess the case as
usual - If EU law, the assumption is mad
equivalent protection, art. 52
Yes Yes
Is the protection of the E
manifestly deficie
This is
Is there an obligation from another international organization,
which the member state is a part of?
- If there is any kind of discretion within the application of that rule, there is
no obligation
No Yes
Does that obligation p
No equivalent protection to t
No = normal rules apply, the right?
ECtHR will assess the case as
usual - If EU law, the assumption is mad
equivalent protection, art. 52
Yes Yes
Is the protection of the E
manifestly deficie
This is
