The second edition of a review of the case law of the European Court of Human Rights, focusing on the application of the principle of legal certainty, has been published*.
This document, prepared with the support of the Council of Europe, analyses how the Court interprets and applies the requirements – in particular those relating to the ‘quality of the law’ – in various contexts.
The review will be useful for judges, lawyers, human rights defenders and anyone interested in European human rights standards.
Key topics of the review:
- Predictability of the law.
- An adequate level of protection against arbitrariness.
- Flexibility vs. excessive rigidity.
- Quality and predictability of the law in the area of disciplinary liability of judges
- Professional affiliation as a factor in assessment.
This Review provides valuable material for understanding the practical application of the principle of legal certainty in the practice of the ECtHR. Reading it will contribute to a better understanding of how states should formulate and apply laws to comply with European human rights standards.
The Review can be found at the following link: https://rm.coe.int/principle-of-legal-certainty-updated-edition-ii-2026-/48802d2ffe
*The translations of ECHR judgments in this publication are not official, and the full text of the Court’s judgments must be consulted when applying the case law in judicial proceedings.



