Towards the Control of Private Acts by the European Court of Human Rights?

Abstract

This contribution critically analyzes the current approach by the European Court of Human Rights to the applicability of fundamental rights enshrined in the European Convention on Human Rights to private acts. It explores the recent case law of the Court primarily through the case of Appleby and Others v. The United Kingdom (Appleby)¹ and the case of Pla and Puncernau v. Andorra (Pla)², looking at its implications for the relationships between private parties under the private law of the States parties to the Convention and, in particular, the role of the doctrine of ‘margin of appreciation’ in limiting the control of private acts by the Court as to their compatibility with fundamental rights.