Concepts in European law and order
According to Rene Jean Dupuy, the term ?public' is defined in international law as, ?a legal order found on the dominance of basic standards from which no one may depart'. While this definition has the merit of defining the generic concept of public policy, it does not transcribe the possible existence of a specific European dimension. Common democratic ideals are shared between the States that were founded in 1949 in London and the Council of Europe. In the following year, a concrete text with the adoption of the famous European Convention of Human Rights and Fundamental Freedoms was formed.
Referring in particular to the Universal Declaration of Human Rights established in 1948 under the auspices of the UN, it is primarily designed to protect human rights and fundamental freedoms by allowing a judicial review to ensure compliance with them. The preamble is also accustomed with this particular mission. We analyze the core of fundamental rights of the European states, whose nationals are entitled to justice when provided with a European public order.
If the Strasbourg Court as it has been said, the main guarantor of European public order, the European Convention on human rights in the material content is certainly essential. Under the generic term of protection of fundamental rights, it should specify the elements that make up materially European public order. Thus, the European Court proceeds with the variation of "principles of a democratic society". Specifically, it is essentially of respect for human dignity and the principles of right to life, the rule of law, pluralism, or of non-discrimination. The European public order is indeed functional in nature, which leads to some variability as to its content.
Tags: Rene Jean Dupuy, Council of Europe, European Convention of Human Rights and Fundamental Freedoms, Universal Declaration of Human Rights, European public order