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Can the European Court of Human Rights Shape European Public Order?

Kanstantsin Dzehtsiarou author

Format:Hardback

Publisher:Cambridge University Press

Published:2nd Dec '21

Currently unavailable, currently targeted to be due back around 2nd December 2024, but could change

Can the European Court of Human Rights Shape European Public Order? cover

The first comprehensive analysis of the concept of European Public Order as deployed by the European Court of Human Rights.

This book will help students and academics to learn more about how the European Court of Human Rights operates in practice. It explains the functionality of the Court and shows the limits of the Court's impact on European Public Order.In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.

'The book does what has not been done before: it deeply scrutinises the term 'European public order' and argues that the use of the term by the ECtHR in a vague and inconsistent manner undermines the legitimacy of the Court and its judgments.' Ebru Demir, Nordic Journal of Human Rights

ISBN: 9781108497367

Dimensions: 235mm x 157mm x 20mm

Weight: 530g

224 pages