?European public order? as a restraint basis for fundamental rights and freedoms in European Convention of Human Rights (ECHR))

Our thesis is about ?public order? as a restraint basis for fundamental rights and freedoms in European Convention of Human Rights (ECHR) which is signed in Rome in 20th March 1950.There have not been consensus on the definition of ?public order?. Therefore we can define it as follows: Public order is sum of the rules that codes the public interest, security of state, order of state, security and peace of interpersonal relations, public health, rules and foundations that help the satisfaction of human dignity, etc.Public order is not only legitimate reason of restraint of fundamental rights and freedoms but also mainly basis for the law orders. Both in civil law and public law, the concept of public order has some special functions. For example, in Law of Contracts validity reason of contracts is public order, and public order is also a matter of administrative police services in Administrative Law. In EU law order, the concept ?Public Order? is a reason of restraint of freedoms.In ECHR and Additional Protocols the rights and freedoms which can be restrained in state of unexpections due to Public Order are as follows: Freedom of thought, conscience and religion; Freedom of expression; Freedom of assembly and association; right of property and right of undeportation of the foreigners. Restraint of these rights due to Public order is examined in the second part of our thesis in light of the foregoing European Court of Human Rights decisions.According to the precedents of European Court of Human Rights, the concept ?Public Opinion? differs in cases. Variables in the present case affects the restraint whether negatively or positively due to the public order. In conclusion, in our point of view, rules and executions in our domestic law should be equalized by analysing ECHR?s legal conceptions and decisions.