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 |
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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 |
Related URLs: | |
URI: | https://mural.maynoothuniversity.ie/id/eprint/15172 |
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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