Beyond the Otto Preminger doctrine?

In this contribution, the authors discuss the evolution of the jurisprudence of the European Court of Human Rights and the possible overcoming of the Otto Preminger doctrine, which had determined a balance point between freedom of expression and protection of religious sentiment notably shifted towards the second element.
In ECtHR’s jurisprudence, since the famous Handyside judgment, the doctrine of the margin of appreciation mitigated the systemic tension in the European Convention framework, although this increased the risk of a nonuniform application of the ECHR norms. Hence, the Otto Preminger doctrine demonstrates that the flexibility of ECtHR’s interpretation can legitimize forms of protection of religious beliefs that prevail over other human rights and freedoms enshrined in the Convention.