THE MARGIN OF APPRECIATION IN THE PROTECTION OF FREEDOM OF RELIGION: THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE NATIONAL CONTEXT

Abstract

This research provides an overview of the application of the margin of appreciation in limiting the right to freedom of religion under Article 9 of the European Convention on Human Rights (1950). The main objective is to determine the scope of state discretion when restricting the external manifestation of religious beliefs (forum externum) and to examine how the principle of proportionality is applied in balancing individual rights and the public interest. The research focuses on national legal frameworks and their compliance with European standards, as well as on the case law of the European Court of Human Rights, which has developed the doctrine of the margin of appreciation. The methodology is normative-dogmatic, combined with comparative analysis and analysis of relevant case law. The normative analysis includes the Constitution of the Republic of North Macedonia (1991), the Law on the Legal Status of a Church, Religious Community and Religious Group (2007), the Law on Prevention and Protection against Discrimination (2020), as well as international instruments such as the European Convention on Human Rights (1950), the International Covenant on Civil and Political Rights (1966) and the Universal Declaration of Human Rights (1948). The comparative method allows a comparison of national legal solutions with the standards established in the jurisprudence of the European Court of Human Rights. The analysis of case law shows that the Court recognizes a certain degree of discretion for national authorities, particularly in sensitive matters related to the cultural and historical context of a country (Kokkinakis v. Greece, 1993; Lautsi v. Italy, 2011; S.A.S. v. France, 2014). The analysis of national legislation indicates that legal provisions provide a framework for restricting forum externum, while also revealing the need for additional criteria of proportionality and greater transparency in the reasoning of decisions. The results show that the margin of appreciation and the proportionality test provide a stable legal framework for achieving a balance between individual rights and the public interest. State discretion may be used to regulate religious activities, but any restriction must be clearly prescribed by law, pursue a legitimate aim, be necessary in a democratic society and be proportionate. The combination of national legislation and judicial practice provides a structured framework that minimizes the risk of arbitrariness, increases legal predictability and strengthens citizens’ trust in the legal system. Based on the results of the research, it can be concluded that the protection of freedom of religion is most effective when clear legal criteria, continuous judicial control and transparency in the procedures for assessing proportionality are ensured. Further clarification of the criteria for applying the proportionality test and the strengthening of transparency when restricting freedom of religion are recommended. The research contributes to a deeper understanding of the application of the margin of appreciation doctrine within the national legal system and its compliance with European human rights standards.