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Papers by KATARZYNA GRZELAK-BACH

Research paper thumbnail of The Role of Soft Law of the Council of Europe in Polish Court Proceedings: A Historical Overview

International Community Law Review, Nov 20, 2023

Research paper thumbnail of Rola uzasadnienia sądowego w realizacji prawa do rzetelnego procesu sądowoadministracyjnego– standard strasburski

Studia Prawnicze, 2014

Following a brief introduction of article 6 of the Convention for the Protection of Human Rights ... more Following a brief introduction of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the author begins by analyzing case law from the European Court of Human Rights regarding the legal reasoning in judicial proceedings. The main premise of this paper is to present a formula for preparing legal reasoning in administrative court proceedings. The author draws attention to the role of judges who, in the process of adjudication, should apply creative interpretation of the rules of law, when they see errors or omissions in legislative provisions, or blatant violations of the European legal order. The conclusion of those deliberations finds, that the process of tailoring the approach to meet Strasbourg’s requirements should, on a basic level, be at the discretion of judges rather than the legislators.

Research paper thumbnail of The role of legal reasoning in implementing the right to a fair trial in administrative court - Strasbourg standard

Research paper thumbnail of O papel do Governo polonês na execução de acórdãos do Tribunal Europeu dos Direitos Humanos

The specificity of the Strasbourg judgments is versatile and concerns many different areas of soc... more The specificity of the Strasbourg judgments is versatile and concerns many different areas of social life that it is not possible to effectively adapt legal norms and apply their interpretation by one entity of public authority. It can be said with full conviction that the execution of judgments is a continuous process and will last as long as the European Court of Human Rights is functioning; surely it will not end with the completion of the most difficult cases. It is important for the national system for the protection of human rights to be very efficient in the context of the protection of human rights. If, however, there is a violation of the norms of international agreements, Poland must be effective in meeting obligations such as the judgments of the European Court of Human Rights. There are two aspects involved in fulfilling obligations under international law arising from the European Convention for the Protection of Human Rights and Fundamental Freedoms. The first one is t...

Research paper thumbnail of Koszty procesu w postępowaniu przed Naczelnym Sądem Administracyjnym – wybrane problemy na tle orzecznictwa

Studia Prawnoustrojowe, 2017

Research paper thumbnail of The role of legal reasoning in implementing the right to a fair trial in administrative court - Strasbourg standard

Research paper thumbnail of Rola polskiego parlamentu w systemie organów wdrażających wyroki Europejskiego Trybunału Praw Człowieka

Przegląd Sejmowy, 2020

The study presents selected issues related to the role of the national parliament in the implemen... more The study presents selected issues related to the role of the national parliament in the implementation and execution of judgments of the European Court of Human Rights (ECHR). It presents the specificity of the national law-making process as a system of ad hoc legislation, which to a small extent is a response to international obligations in the field of human rights.The study also attempts to examine the impact of the case law of the ECHR on the national legal system by analyzing the subsequent stages of the legislative process. It emphasizes the role of the Committee of Ministers of the Council of Europe, whose task is to ensure that states do not overlook — by their actions or omissions — the effects of judgments. The study attempts to assess the degree of sensitisation and the increase of awareness regarding the significance of the standards of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) in the national institutions and executive and ...

Research paper thumbnail of The Role of the Polish Government in Execution of the Judgements of the European Court of Human Rights

Espaço Jurídico Journal of Law [EJJL], 2019

The specificity of the Strasbourg judgments is versatile and concerns many different areas of soc... more The specificity of the Strasbourg judgments is versatile and concerns many different areas of social life that it is not possible to effectively adapt legal norms and apply their interpretation by one entity of public authority. It can be said with full conviction that the execution of judgments is a continuous process and will last as long as the European Court of Human Rights is functioning; surely it will not end with the completion of the most difficult cases. It is important for the national system for the protection of human rights to be very efficient in the context of the protection of human rights. If, however, there is a violation of the norms of international agreements, Poland must be effective in meeting obligations such as the judgments of the European Court of Human Rights. There are two aspects involved in fulfilling obligations under international law arising from the European Convention for the Protection of Human Rights and Fundamental Freedoms. The first one is t...

Research paper thumbnail of Rola uzasadnienia sądowego w realizacji prawa do rzetelnego procesu sądowoadministracyjnego– standard strasburski

Studia Prawnicze / The Legal Studies, 2014

Following a brief introduction of article 6 of the Convention for the Protection of Human Rights ... more Following a brief introduction of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the author begins by analyzing case law from the European Court of Human Rights regarding the legal reasoning in judicial proceedings. The main premise of this paper is to present a formula for preparing legal reasoning in administrative court proceedings. The author draws attention to the role of judges who, in the process of adjudication, should apply creative interpretation of the rules of law, when they see errors or omissions in legislative provisions, or blatant violations of the European legal order. The conclusion of those deliberations finds, that the process of tailoring the approach to meet Strasbourg’s requirements should, on a basic level, be at the discretion of judges rather than the legislators.

Research paper thumbnail of The Role of Soft Law of the Council of Europe in Polish Court Proceedings: A Historical Overview

International Community Law Review, Nov 20, 2023

Research paper thumbnail of Rola uzasadnienia sądowego w realizacji prawa do rzetelnego procesu sądowoadministracyjnego– standard strasburski

Studia Prawnicze, 2014

Following a brief introduction of article 6 of the Convention for the Protection of Human Rights ... more Following a brief introduction of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the author begins by analyzing case law from the European Court of Human Rights regarding the legal reasoning in judicial proceedings. The main premise of this paper is to present a formula for preparing legal reasoning in administrative court proceedings. The author draws attention to the role of judges who, in the process of adjudication, should apply creative interpretation of the rules of law, when they see errors or omissions in legislative provisions, or blatant violations of the European legal order. The conclusion of those deliberations finds, that the process of tailoring the approach to meet Strasbourg’s requirements should, on a basic level, be at the discretion of judges rather than the legislators.

Research paper thumbnail of The role of legal reasoning in implementing the right to a fair trial in administrative court - Strasbourg standard

Research paper thumbnail of O papel do Governo polonês na execução de acórdãos do Tribunal Europeu dos Direitos Humanos

The specificity of the Strasbourg judgments is versatile and concerns many different areas of soc... more The specificity of the Strasbourg judgments is versatile and concerns many different areas of social life that it is not possible to effectively adapt legal norms and apply their interpretation by one entity of public authority. It can be said with full conviction that the execution of judgments is a continuous process and will last as long as the European Court of Human Rights is functioning; surely it will not end with the completion of the most difficult cases. It is important for the national system for the protection of human rights to be very efficient in the context of the protection of human rights. If, however, there is a violation of the norms of international agreements, Poland must be effective in meeting obligations such as the judgments of the European Court of Human Rights. There are two aspects involved in fulfilling obligations under international law arising from the European Convention for the Protection of Human Rights and Fundamental Freedoms. The first one is t...

Research paper thumbnail of Koszty procesu w postępowaniu przed Naczelnym Sądem Administracyjnym – wybrane problemy na tle orzecznictwa

Studia Prawnoustrojowe, 2017

Research paper thumbnail of The role of legal reasoning in implementing the right to a fair trial in administrative court - Strasbourg standard

Research paper thumbnail of Rola polskiego parlamentu w systemie organów wdrażających wyroki Europejskiego Trybunału Praw Człowieka

Przegląd Sejmowy, 2020

The study presents selected issues related to the role of the national parliament in the implemen... more The study presents selected issues related to the role of the national parliament in the implementation and execution of judgments of the European Court of Human Rights (ECHR). It presents the specificity of the national law-making process as a system of ad hoc legislation, which to a small extent is a response to international obligations in the field of human rights.The study also attempts to examine the impact of the case law of the ECHR on the national legal system by analyzing the subsequent stages of the legislative process. It emphasizes the role of the Committee of Ministers of the Council of Europe, whose task is to ensure that states do not overlook — by their actions or omissions — the effects of judgments. The study attempts to assess the degree of sensitisation and the increase of awareness regarding the significance of the standards of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) in the national institutions and executive and ...

Research paper thumbnail of The Role of the Polish Government in Execution of the Judgements of the European Court of Human Rights

Espaço Jurídico Journal of Law [EJJL], 2019

The specificity of the Strasbourg judgments is versatile and concerns many different areas of soc... more The specificity of the Strasbourg judgments is versatile and concerns many different areas of social life that it is not possible to effectively adapt legal norms and apply their interpretation by one entity of public authority. It can be said with full conviction that the execution of judgments is a continuous process and will last as long as the European Court of Human Rights is functioning; surely it will not end with the completion of the most difficult cases. It is important for the national system for the protection of human rights to be very efficient in the context of the protection of human rights. If, however, there is a violation of the norms of international agreements, Poland must be effective in meeting obligations such as the judgments of the European Court of Human Rights. There are two aspects involved in fulfilling obligations under international law arising from the European Convention for the Protection of Human Rights and Fundamental Freedoms. The first one is t...

Research paper thumbnail of Rola uzasadnienia sądowego w realizacji prawa do rzetelnego procesu sądowoadministracyjnego– standard strasburski

Studia Prawnicze / The Legal Studies, 2014

Following a brief introduction of article 6 of the Convention for the Protection of Human Rights ... more Following a brief introduction of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the author begins by analyzing case law from the European Court of Human Rights regarding the legal reasoning in judicial proceedings. The main premise of this paper is to present a formula for preparing legal reasoning in administrative court proceedings. The author draws attention to the role of judges who, in the process of adjudication, should apply creative interpretation of the rules of law, when they see errors or omissions in legislative provisions, or blatant violations of the European legal order. The conclusion of those deliberations finds, that the process of tailoring the approach to meet Strasbourg’s requirements should, on a basic level, be at the discretion of judges rather than the legislators.