PP1014
Analítico de Periódico
SMEKAL, Hubert, e outro
Reforming to please : a comprehensive explanation for non-exit from the European Court of Human Rights / Hubert Smekal, Nino Tsereteli
European Constitutional Law Review, v.17 n.4 (2021), p.664-687
DIREITOS HUMANOS, TRIBUNAL EUROPEU DOS DIREITOS DO HOMEM (TEDH/ECHR)
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