2022

Corneliu Liviu POPESCU, Professor, Faculty of Law, University of Bucharest, Juridical College of European 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, of an indirect nature (with only one exception), carried out either within the Council of Europe (by the European Court of Human Rights and the Administrative Tribunal) or from outside (by the International Court of Justice), both by the contentious function and by the advisory function of the international court (with only one exception). Judicial review never leads directly to the annulment of the exclusion act or to the reinstatement of the State as a Member of the Council of Europe.

Keywords: International Organization, Council of Europe, Member State, exclusion, judicial control, European Court of Human Rights, Administrative Tribunal of the Council of Europe, International Court of Justice.

 


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