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Can the European Court of Human Rights Shape European Public Order?
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  • Publisher: Cambridge University Press
  • Expected online publication date: November 2021
  • Print publication year: 2021
  • Online ISBN: 9781108608794
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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 Court 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 European Court of Human Rights 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 impacted as a result of their interaction. 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 the research interviews with the judges of the European Court of Human Rights.

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