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

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