Kanstantsin Dzehtsiarou - Böcker

This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law.Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.

In order to be effective, international tribunals should be perceived as legitimate adjudicators. European Consensus and the Legitimacy of the European Court of Human Rights provides in-depth analyses on whether European consensus is capable of enhancing the legitimacy of the European Court of Human Rights (ECtHR). Focusing on the method and value of European consensus, it examines the practicalities of consensus identification and application and discusses whether State-counting is appropriate in human rights adjudication. With over 30 interviews from judges of the ECtHR and qualitative analyses of the case law, this book gives readers access to firsthand and up-to-date information, and provides an understanding of how the European Court of Human Rights in Strasbourg interprets the European Convention on Human Rights.

In order to be effective, international tribunals should be perceived as legitimate adjudicators. European Consensus and the Legitimacy of the European Court of Human Rights provides in-depth analyses on whether European consensus is capable of enhancing the legitimacy of the European Court of Human Rights (ECtHR). Focusing on the method and value of European consensus, it examines the practicalities of consensus identification and application and discusses whether State-counting is appropriate in human rights adjudication. With over 30 interviews from judges of the ECtHR and qualitative analyses of the case law, this book gives readers access to firsthand and up-to-date information, and provides an understanding of how the European Court of Human Rights in Strasbourg interprets the European Convention on Human Rights.

In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) 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 ECtHR 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 influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.

This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law.Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.

The 2nd edition of Great Debates on the European Convention on Human Rights encourages deep and critical engagement with the Convention, the Court, and the European system for human rights protection.The European Convention on Human Rights (ECHR) is widely hailed as the most successful regional human rights instrument. The decisions of its European Court of Human Rights (ECtHR) are cited all around the world, and every year tens of thousands of people turn to the Court for relief and aid when they consider their human rights have been violated. In each of the 46 countries contracted to the Convention, the ECHR has an everyday impact, shaping law and public policy and being argued in domestic courts.Law schools in the UK and Europe generally focus on the case law of the Convention and approach it on an article-by-article basis. This grounding in the Convention, the jurisprudence of the Court, and the emerging contestations around whether the Convention properly protects the rights of marginalised and vulnerable groups is a vital foundation for understanding the Convention. However, the law relating to the ECHR is voluminous, and many courses are only able to concentrate on some of the most well-known case law, and some topics of particular contention (such as LGBTQIA+ rights, states of emergency, and freedom of the press).Great Debates on the European Convention on Human Rights builds upon the 'nuts and bolts' grounding in the Convention and workings of the Court. It offers a unique thematic approach to thinking and learning about the Convention. Each of the key debates is illuminated by taking a wide lens on the ECHR: some points of contention are illustrated by reaching across Articles, others by examining national and international arenas, and still others by exploring the ECHR’s organisational structure and working practices.

The 2nd edition of Great Debates on the European Convention on Human Rights encourages deep and critical engagement with the Convention, the Court, and the European system for human rights protection.The European Convention on Human Rights (ECHR) is widely hailed as the most successful regional human rights instrument. The decisions of its European Court of Human Rights (ECtHR) are cited all around the world, and every year tens of thousands of people turn to the Court for relief and aid when they consider their human rights have been violated. In each of the 46 countries contracted to the Convention, the ECHR has an everyday impact, shaping law and public policy and being argued in domestic courts.Law schools in the UK and Europe generally focus on the case law of the Convention and approach it on an article-by-article basis. This grounding in the Convention, the jurisprudence of the Court, and the emerging contestations around whether the Convention properly protects the rights of marginalised and vulnerable groups is a vital foundation for understanding the Convention. However, the law relating to the ECHR is voluminous, and many courses are only able to concentrate on some of the most well-known case law, and some topics of particular contention (such as LGBTQIA+ rights, states of emergency, and freedom of the press).Great Debates on the European Convention on Human Rights builds upon the 'nuts and bolts' grounding in the Convention and workings of the Court. It offers a unique thematic approach to thinking and learning about the Convention. Each of the key debates is illuminated by taking a wide lens on the ECHR: some points of contention are illustrated by reaching across Articles, others by examining national and international arenas, and still others by exploring the ECHR’s organisational structure and working practices.

In March 2022, following the invasion of Ukraine, Russia was expelled from the Council of Europe after 26 years as a member. This timely and in-depth analysis explores Russia's tumultuous relationship with the Council of Europe and European Court of Human Rights. It examines Russia’s membership record and the profound impacts of its expulsion for Europe’s human rights system. The authors provide valuable insights for future policy to safeguard the integrity of international human rights institutions. The book fills an important gap in legal scholarship by exploring the legality and legitimacy of Russia’s membership and expulsion, and represents a key reference in understanding the challenge of protecting human rights in the face of rising authoritarianism.

In March 2022, following the invasion of Ukraine, Russia was expelled from the Council of Europe after 26 years as a member. This timely and in-depth analysis explores Russia's tumultuous relationship with the Council of Europe and European Court of Human Rights. It examines Russia’s membership record and the profound impacts of its expulsion for Europe’s human rights system. The authors provide valuable insights for future policy to safeguard the integrity of international human rights institutions. The book fills an important gap in legal scholarship by exploring the legality and legitimacy of Russia’s membership and expulsion, and represents a key reference in understanding the challenge of protecting human rights in the face of rising authoritarianism.