Sumário:Problematic consequences of the Strasbourg Court's approach: Consequences for the scope of fundamental rights. Consequences for the burden of proof. Consequences for the margin of appreciation doctrine.

Sumário:The structure of fundamental rights: theoretical issues : The need to distinguish stages of review. The importance of the definitional stage: wide or narrow definition of fundamental rights? -- The structure of fundamental rights and the Strasbourg Court's case law. Cases in which the ECtHR does address the issue of definition of rights. Cases in which the ECtHR does not explain why the Convention is applicable. Cases in which the ECtHR merges the first and the second stages of fundamental rights review --