The European Public Order, Constitutional Principles and Fundamental Rights

Abstract

How is the notion of European public order/ordre public dealt with in the case law of various European courts? What does it refer to? Does it include fundamental values, and if so, are fundamental rights a part of these fundamental values? The author discusses a large number of cases in order to discern the content of public order/ordre public as a contested notion that has a variety of broad connotations. It refers to normal and peaceful situations in the public sphere, but also in a much broader sense to patterns of values that are important in a community of citizens. This second meaning of the concept is related to norms that are so fundamental for the legal order that they have to be respected, regardless of procedural obstacles. The author argues that comparative legal research is becoming increasingly important and necessary to help answer the type of questions discussed in this article.

Keywords: European public Order, fundamental values, fundamental rights, comparative legal research