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Published online by Cambridge University Press: 25 November 2021
In this monograph, I tried to answer the question of whether the European Court of Human Rights (ECtHR, Court) can shape European public order. My answer to this question is a qualified ‘no’. The key reasons for that are twofold. The first reason is the unclear and illusive nature and definition of European public order. In other words, it is almost impossible to define this formula on a level that can be useful in adjudication. The second reason is that the Court was arguably not created to shape European public order. In any event, there is no agreement among the stakeholders as to what the meta-function of the ECtHR is. The whole monograph examined European public order from these two distinct but interrelated perspectives.
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