Publication details

Reforming to Please: A Comprehensive Explanation for Non-Exit from the European Court of Human Rights

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Year of publication 2021
Type Article in Periodical
Magazine / Source European Constitutional Law Review
MU Faculty or unit

Faculty of Law

Web Open access časopisu
Keywords the European Court of Human Rights; exit; international courts; reform
Attached files
Description 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
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