2018

Corneliu-Liviu POPESCU, Professor, Ph.D., Faculty of Law, University of Bucharest, University of Paris 1 Panthéon-Sorbonne – College of European Legal Studies, The Reasoning Behind the Decisions of the European Court of Human Rights

Abstract: In order to ensure the substantive authority of its acts, as well as (in the case of judicial decisions) compliance with the requirements of a fair trial, the European Court of Human Rights provides reasons for its decisions on the admissibility of complaints, its judgments, and its advisory opinions. There are, however, certain exceptions to the principle of reasoning, the most important of which demonstrate the Court’s discretionary power—exercised in accordance with its judicial policy—to adjudicate or re-adjudicate the merits of a case before the Grand Chamber.
 
Keywords: European Court of Human Rights. Decisions. Judgments. Rationale. Judicial policy.