Smekal, Hubert and Tsereteli, Nino (2021) Reforming to Please: A Comprehensive Explanation for Non-Exit from the European Court of Human Rights. European Constitutional Law Review. pp. 1-24. ISSN 1744-5515

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Abstract

States’ growing dissatisfaction with the performance of the European Court of Human Rights – Governments’ commitment to reform process – Threats of exit that failed to materialise – Adaptation of Hirschman’s exit–voice–loyalty framework to explain states’ non-exit from the European Court of Human Rights – Sufficiently effective voice, manifestations of loyalty, and high costs of exit as possible reasons behind non-exit – Governments’ inability to achieve change in the Court’s practice unilaterally – Divergent perceptions and expectations of governments – Court’s responsiveness to governments’ concerns – Showing the importance of cautious, incremental changes to accommodate diverse governmental expectations on the role of the European Court of Human Rights

Item Type:	Article
Keywords:	European Court of Human Rights; exit; intergovernmental conferences; Council of Europe; international courts;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	15172
Identification Number:	doi.org/10.1017/S1574019621000377
Depositing User:	Hubert Smekal
Date Deposited:	04 Jan 2022 12:23
Journal or Publication Title:	European Constitutional Law Review
Publisher:	Cambridge University Press
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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