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  • Cited by 3
Publisher:
Cambridge University Press
Online publication date:
November 2021
Print publication year:
2021
Online ISBN:
9781108608794

Book description

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.

Reviews

‘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 Source: Nordic Journal of Human Rights

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