Source · Select Committees · Human Rights (Joint Committee)

Recommendation 33

33 Paragraph: 224

The national courts are also best placed to assess the evidence relating to the existence...

Conclusion
The national courts are also best placed to assess the evidence relating to the existence of an emergency threatening the life of the nation–and this has been recognised by the ECtHR who will pay significant attention to the views of the national courts on such matters. The national courts can therefore play a key role in setting out the context of an emergency and the extent of the margin of appreciation to be accorded to the State.
Paragraph Reference: 224