Suchergebnisse

In legal theory but also in the case law of the European Court of Human Rights, there is an undisputed consensus that the margin of appreciation represents a certain "room for manoeuvre" that the Court grants to national authorities when assessing their behaviour before it is prepared to find that a violation of rights has indeed occurred. Moreover, it is often argued in legal theory that the margin of appreciation is a method of interpreting the Convention. Although these claims are widely accepted and well-founded, in recent years, various authors in legal theory have increasingly put forward assertions that the margin of appreciation has another "hidden" role in the Court's case law, namely, that it is a judicial tool through which the Court increasingly tries to create room for manoeuvre in decision-making. In this paper, the author will build on this theory of the margin of appreciation as a judicial tool aimed at giving the Court room for manoeuvre. The goal of the paper is to test the thesis on the margin of appreciation as a judicial tool aimed at leaving a certain manoeuvring space for the Court itself in decision-making, using the method of conceptual analysis and the case study method. Following that, the author will approach the analysis of factors that provide an explanation for why the idea of leaving manoeuvring space for the Court itself in decision-making and argumentation may be appealing to the Court.

Geographical area of Gruza, with its intact natural beauty and important cultural and historical monuments, has significant potential for tourism development. Local government is particularly important to tourism development and promotion in several aspects. Respondents, rural hosts from Gruza region complained of the lack of cooperation on the part of local government. The experimental research comprises three parts; the first part includes a questionnaire that was conducted in regional and local organizations which have a decisive impact on regional economic development and tourism. The second part of the research was focusing on the basic characteristics of rural households owners. The third part includes qualitative research about rural tourist characteristics. Experimental research for this study was performed in the region of Gruza in Central Serbia, including registered rural households that have participated in rural tourism in the last few years. Results indicate that rural home owners involved in rural tourism are members of the Tourist Organization of Knic, predominantly male, from 40 to 60 years old and they hold secondary school diplomas. The results of the research suggest that an average tourist in Gruza is at a higher social and cultural level, with medium income and mostly coming from urban areas. This type of tourist is open to typical rural activities including sports, farm works, as well as to enjoying nature and gastronomy.