KanstantsinDzehtsiarou
Can the European Court of Human Rights Shape European Public Order?
Can the European Court of Human Rights Shape European Public Order?
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Kanstantsin Dzehtsiarou argues that the European public order is vague and should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, it can also be understood as an analytical concept that does not require a clearly defined content, allowing the ECtHR to impact European public order but not strategically shape it. The Court's impact is a by-product of individual cases that create a feedback loop with the contracting states.
Format: Hardback
Length: 224 pages
Publication date: 02 December 2021
Publisher: Cambridge University Press
Kanstantsin Dzehtsiarou contends in his book that the concept of "European public order" is excessively ambiguous and lacks a clear definition, making it unsuitable for use by the European Court of Human Rights (ECtHR) in its reasoning. However, Dzehtsiarou suggests that "European public order" can also be interpreted as an analytical concept that does not necessitate a precise content. In this sense, while the ECtHR can influence European public order, it cannot strategically shape it. The Court's impact on European public order arises from the individual cases it handles, which create a feedback loop with the contracting states. The interaction between the Court and the contracting parties contributes to the influence of European public order.
To support his arguments, Dzehtsiarou employs a diverse range of sources and evidence. He conducts a comprehensive analysis of the Court's case law, drawing upon a wealth of legal precedent. Additionally, he conducts research interviews with the judges of the ECtHR, seeking their insights and perspectives on the topic.
Overall, Dzehtsiarou's book offers a thought-provoking examination of the concept of "European public order" and its implications for the ECtHR and the broader European legal landscape. His arguments are well-supported by extensive research and analysis, making it a valuable contribution to the field.
Weight: 498g
Dimension: 158 x 236 x 22 (mm)
ISBN-13: 9781108497367
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