Can the European Court of Human Rights Shape European Public Order? (Cambridge Studies in European Law and Policy)
Cambridge University Press, 12/2/2021
EAN 9781108497367, ISBN10: 1108497365
Hardcover, 224 pages, 22.9 x 15.2 x 1.6 cm
Language: English
Originally published in English
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.
1. Introduction
2. European Public Order in the Case Law of the European Court of Human Rights
3. Defining European Public Order
An Impossible Task
4. The Function of the European Court of Human Rights
5. Institutional Infrastructure of the European Court of Human Rights and Its Ability to Shape European Public Order
6. Views of the ECtHR Judges on their Role in Shaping European Public Order
7. Conclusion.