Coming soon – ESIL Lecture by Kanstantsin Dzehtsiarou on the subject of ‘Why the European Court of Human Rights Cannot Shape European Public Order?’ The lecture will be held at the University of Liverpool on 14 June 2021 and posted on the ESIL website and ESIL YouTube channel shortly afterwards.
This lecture is based on the forthcoming monograph in which the author argues that from legal perspective, the formula ‘European Public Order’ is excessively vague and it does not have an identifiably 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.