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

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

Kanstantsin Dzehtsiarou (Author)

9781108497367, Cambridge University Press

Hardback, published 2 December 2021

252 pages
23.5 x 15.7 x 2 cm, 0.53 kg

'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

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.

Subject Areas: Human rights & civil liberties law [LNDC], International human rights law [LBBR], International law [LB], Law [L], Human rights [JPVH], EU & European institutions [JPSN2], International relations [JPS], Political science & theory [JPA]