Actions, Not Words: Kanstantsin Dzehtsiarou Can the European Court of Human Rights Shape European Public Order?

Abstract

This paper reviews the book Can the European Court of Human Rights Shape European Public Order? by Kanstantsin Dzehtsiarou. Dzehtsiarou makes two main claims in the book: First, the term “European Public Order” is too vague to guide the practice of the European Court of Human Rights (ECtHR) even though this term is repeatedly used in the court’s judgments. Second, the ECtHR cannot behave strategically for a variety of reasons. The paper accepts the first claim but challenges the second. The paper argues that Dzehtsiarou’s own findings suggest the behavior of the ECtHR could be explained as a form of a long-term strategy.

Keywords: European Court of Human Rights, Judicial Behavior, Strategy