SOFT LAW AND ITS EFFECTS IN THE FIELD OF EUROPEAN HUMAN RIGHTS LAW

Abstract

As rules with limited normative value present in non-mandatory legal instruments, soft law is often found in International Law and, consequently, in other legal areas as well. Th e European Court of Human Rights has cited soft law in its decisions not only as an additional complement (obiter dictum), but also as a basic element of its rulings. In that regard soft law has sometimes been used to underscore the existence of a generalized consensus in the interpretation of positive law rules. ECHR practice provides a relevant example of the eff ects of soft law in areas of law (such as Constitutional Law) that are sparsely regulated and in which court case law plays a signifi cant role.