Tendenze evolutive nel ricorso al principio della protezione equivalente da parte della Corte europea per i diritti dell'uomo

The execution of obligations arising for States from their membership of international organizations raises various problematic issues. One mechanism that is used by international and domestic courts for addressing the resulting conflict between international norms is the principle of equivalent protection. The European Court of Human Rights has significantly contributed to the development of this principle. The Court’s recent jurisprudence, in particular the judgments rendered by the Grande Chambre in Avotins v. Latvia and in Al-Dulimi and Montana Management Inc. v. Switzerland, contributes to define the characteristics and the scope of the principle of equivalent protection. The present contribution analyses the issues relating to this principle and its legal implications.