The significance of the principle of fair balance for the right to respect for private and family life in the case law of the ECTHR

Abstract

The principle of fair balance is one of the most important interpretative tools used by the ECtHR to determine violations of the Convention. In this study, the author attempts to provide an exhaustive characterization of the fair balance principle and the role it plays in the EctHR’s deliberations in judgments issued in connection with violations of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the right to respect for private and family life). The author breaks down the basic premise of this principle, according to which a fair balance must be maintained between the individual's rights under Art. 8 of the Convention and the requirements of the general interest. Through an analysis of selected judgments of the European Court of Human Rights, points to the particularly important role of the principle of fair balance for the protection of Art. 8 of the ECHR, as well as the interaction of this principle with other issues, including, among others, the margin of appreciation.