Controlling the Narrative: Hungary's Post-2010 Strategies of Non-Compliance before the European Court of Human Rights

iCourts Working Paper Series no. 317, 2023

European Constitutional Law Review, Forthcoming

37 Pages Posted: 21 Feb 2023

See all articles by Ula Aleksandra Kos

Ula Aleksandra Kos

University of Copenhagen - iCourts - Centre of Excellence for International Courts

Date Written: February 16, 2023

Abstract

Focus of the literature on the European West, overlooking the marginalized European Central-East – Assumption of all illiberal states equally resisting international courts – Hungary’s unique subtle push-back against the European Court of Human Rights compared to overt resistance against the Court of Justice of the EU – Empirical analysis of original data – Three strategies to control the narrative of compliance – Status signalling to avoid international and domestic political repercussions – Friendly settlements and unilateral declarations as means of avoidance – Disguised non-compliance to convey bona fide – Negative narrative to subvert public opinion – Explaining state behaviour through rationalism and constructivism – Complementing constructivism with the identitarian counterwave in recently-emerged illiberal states – EU membership as a constraint – Illiberalism as fuel for Hungary’s resistance against the Strasbourg Court

Keywords: Hungary, Compliance, Human Rights, European Court of Human Rights, Quantitative Legal Research, Qualitative Legal Research, Strategies of non-compliance, Friendly Settlements

Suggested Citation

Kos, Ula Aleksandra, Controlling the Narrative: Hungary's Post-2010 Strategies of Non-Compliance before the European Court of Human Rights (February 16, 2023). iCourts Working Paper Series no. 317, 2023, European Constitutional Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4361440 or http://dx.doi.org/10.2139/ssrn.4361440

Ula Aleksandra Kos (Contact Author)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

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