The Principle of Legal Certainty and the Council of Europe. The European Court of Human Rights’ Case Law
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Abstract
This paper examines the European Court of Human Rights’ case law on the principle of legal certainty. The Court has developed this principle inherent to the principle of the rule of law through its case law regarding different articles of the European Convention. This contribution analyzes how the contents of legal certainty can change when applied to different cases and how legal certainty should not be confused with legal formalism.
Keywords
- legal certainty
- rule of law
- ECtHR
- human rights
- judicial review
