2022

Corneliu Liviu POPESCU, Professor, Ph.D., Faculty of Law, University of Bucharest; College of European Legal Studies, University of Paris 1 Panthéon-Sorbonne, International Judicial Review of the Exclusion of a Member State from the Council of Europe

DOI:https://doi.org/10.31178/AUBD.2022.05

Abstract: The exclusion of a Member State from the Council of Europe is an international legal sanction subject to international judicial review, which is indirect in nature (with one exception), carried out either within the Council of Europe (through the European Court of Human Rights and the Administrative Tribunal) or from outside (by the International Court of Justice), both through the adjudicative and advisory functions of the international court (with one exception): Judicial review never directly results in the annulment of the act or the reinstatement of the state as a member of the Council of Europe.

Keywords: International organization, Council of Europe, member state, exclusion, judicial review. European Court of Human Rights, Administrative Tribunal of the Council of Europe, International Court of Justice.