Protection of Human Rights after the Constitutional Crisis in Poland (original) (raw)
Related papers
Poland: Human rights between international and constitutional law
Judicial Perspectives, 2017
Hardback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. CONTENTS List of contributors page ix Table of cases xiii Foreword by Dean Spielmann xxv 1 Introduction 1 lULIA MOTOC 2 Comments on the early years and conclusions 6 LUZIUS WILDHABER 3 ' Albania: Albania's long path towards European human rights standards 13 ' LEDI BIANKU 4 Armenia: The supremacy of the European Convention on Human Rights: Armenia's path 39 ALVINA GYULUMYAN AND DAVIT MELKONYAN 5 Azerbaijan: The directions of influence of the case law of the European Court of Human Rights in Azerbaijan 57 KHANLAR HAJIYEV 6 Bosnia and Herzegovina: Impact of the case law of the European Court of Human Rights on postconflict society ofBosnia and Herzegovina 80 PARIS VEHABOVié 7 Croatia: Commitment to reform: Assessing the impact of the ECtHR*s case law on reinforcing democratization efforts in Croatian legal order 110 KSENIJA TURKOVié AND JASNA OMEJEC VI CONTENTS 8 Czech Republic: Democratic tradition, legitimacy of confiscation, and translation of the case law of the ECtHR in the light of the Convention in the Czech Republic 136 ALE § PEJCHAL 9 Estonia: Impact of the European Court of Human Rights' (case law) on democracy and rule of law: Some reflections from Estonian perspective 153 JULIA LAFPRANQUE 10 Hungary: The legal order of Hungary and the European Convention on Human Rights 11^ KÂR0LY BARD 11 Latvia: Consolidating democratic changes in Latvia: The various roles of the European Convention on Human Rights 201 MÀRTIIvlâ MITS 12 Lithuania: The Em-opean Convention on Human Rights in the Lithuanian legal system: The lessons learned and perspectives for the future 234 DANUTÉ lOèlENÊ 13 Macedonia: The impact of the European Convention on Human Rights and the case law on the Republic of Macedonia 266 MIRTANA LAZAROVA TRAJKOVSKA AND ILO TRAJKOVSKI 14 Montenegro: The effect of the European Convention on Human Rights on the legal system of Montenegro 289 NEBOJSA B. VUélNlé 15 Poland: Human rights between international and constitutional law 305 LECH GARLICKI AND IRENEUSZ KONDAK 16 Romania: Romania and the European Convention on Human Rights: A dialogue of judges 330 lULIA MOTOC AND CRINA KAUFMAN CONTENTS
Transitional Justice and the Constitutional Crisis: The Case of Poland (2015–2019)
Archiwum Filozofii Prawa i Filozofii Społecznej, 2019
During the last four years the situation in Poland has been a matter of interest to the worldwide legal community mostly due to the constitutional crisis. Yet, the years 2015–2019 were also a time of a revival of transitional justice measures, such as cleansing the public sphere of communist symbols, remodelling of lustration law, and further reduction of pensions of communist secret service employees and officers. In this paper I argue that these spheres are interconnected and that Poland’s constitutional crisis has a transitional justice dimension. I start with an overview of retrospective instruments dealing with the communist past introduced in the last four years. Next, I turn to the constitutional crisis itself, discussing its possible explanations and transitional justice aspects. In the end I claim that the dramatic constitutional backsliding that Poland has recently experienced can be explained not only as a power grab, but also as a result of the tension between the rule of law and the principle of individual responsibility on one hand – and the resort to collective accountability in an attempt to get what the government sees as justice on the other.
2013
Gronowska B. Effectiveness of the European Court of Human rights’ judgments in Poland – normative and practical aspects / B. Gronowska // Правове забезпечення ефективного виконання рішень і застосування практики Європейського суду з прав людини : матер. 2-ї Міжнар. наук.-практ. конф. (Одеса, 20-21 вересня 2013 р.) / за ред. С. В. Ківалова ; НУ «ОЮА». – Одеса : Фенікс, 2013. – С. 172-192.The main purpose of this Article is to present in a systematic way the problem of execution of the ECtHR judgments in Poland. As the ways of the abovementioned procedure can vary in States Parties to the ECHR (due to the principle of subsidiarity) some of the Polish specialties in this regard are exposed. The analyses concern both the normative and practical background. Despite quite satisfactory solutions Poland still needs more cooperative organizational model as well as the legal precision of the status of the ECtHR judgments at the domestic level. For sure a proper and consequent coordinat...
Marcin Mamiński Ph.D. - Protection of human rights as a task of local government in the Polish law
Social Innovations for Sustainable Regional Development, 2020
The article provides an analysis of legal acts pertaining to protection of human rights provided by local self-government units 1. The author characterises key issues related to protection of rights and freedoms 2 of individuals in a democratic state of law, specially highlighting the role of self-government administration. Admittedly, public authorities may cause infringements of individual rights and freedoms but that also can take actions resulting in an increased protection of these values. The analysis also reconstructs the model of human rights protection-shaped at the level of self-government structures and based on the Constitution. The author also provides an assessment of the legal patterns defining the limits of human rights protection executed by the local self-government structures and he formulates postulates in this area suggesting the desired directions of changes. Also analysed is the relationship between the constitutional framework guarding the independence of self-government structures, and the tools for the protection of human rights developed in the course of functioning of the self-government units on one side, and the practice of their application on the other side. Thus, the publication presents the rules and mechanisms of the self-government administration functioning in the context of weighing the significance of human rights protection in the current circumstances in Poland.
Espaço Jurídico Journal of Law [EJJL], 2019
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...
Judicial coordination of human rights policy in Poland
Poland, as a member of international society, is responsible for the proper implementation of the international human rights acts. As a state, it has some instruments, which allow the control of the proper application of the law in the internal national system. Such instruments are the judicial authorities of all levels. These structures: courts and tribunals are responsible for proper implementation of legal assistance in the field of human rights. The courts and tribunals shall constitute a separate power and shall be independent of other branches of power.
The Protection of Human Rights as a Task of Local Government In polish Law
Regional Formation and Development Studies, 2020
The article provides an analysis of legislation pertaining to the protection of human rights provided by units of local government. The author characterises the key issues relating to the protection of rights and freedom of the individual in a democratic state, highlighting the role of local government administration. Admittedly, public authorities may cause infringements of individual rights and freedoms, but they can also take actions resulting in the increased protection of these values. The analysis also reconstructs a model of human rights protection, shaped at the level of local government structures and based on the Constitution. The author provides an assessment of legal patterns defining the limits of the protection of human rights executed by local government structures, and formulates postulates in this area, suggesting desired directions for change. Also analysed is the relationship between the constitutional framework safeguarding the independence of local government structures, and tools for the protection of human rights developed in the course of the functioning of local government units on one hand, and the practice of their application on the other. Thus, the publication presents rules and mechanisms for the functioning of local government administration in the context of weighing the significance of the protection of human rights in the current circumstances in Poland.
2015
This text presents the application of the Charter of Fundamental Rights by Polish courts since the entry into force of the Charter in December 2009. As the Charter is an element of the 'external' constitution for the Republic of Poland, similar to the European Convention on Human Rights, the practice of the Polish Constitutional Tribunal is of particular importance in this analysis. Hence the referral to the Charter by common and administrative courts is rather briefl y described and the main focus of the text is on the broader analysis of the way of and reasons for using the Charter by the Constitutional Tribunal. While the Charter is not treated as a model for the hierarchical analysis of norms in cases of constitutional complaints, it can however be offered as such a model in cases of abstract control and legal questions fi led by the courts. The use of the Charter might be further clarifi ed by an answer of the Court of Justice of the European Union to the fi rst request for preliminary ruling made by the Polish Constitutional Tribunal in case C-390/15 RPO.
CONSTITUTIONAL COURT AND THE CONSTITUTIONAL CRISIS IN POLAND
TORUŃSKIE STUDIA POLSKO-WŁOSKIE XV — STUDI POLACCO-ITALIANI DI TORUŃ XV , 2019
Poland, which along with Hungary, used to be regarded as the leading example of a successful transition to democracy, is now experiencing (along with Hungary) processes of the so-called “illiberal backsliding”. As, unlike in Hungary, the new parliamentary majority is too weak to control constitutional amendments, the process of changes is developing “next” to the principles and rules of the 1997 Constitution of Poland. This paper is focused on the presentation of the consecutive stages of the political absorption of the Court in 2015-2016 (I). It further considers the situation of the “new” Court in its post-2016 form (II), the main streams of criticism of the reform (III), the changes in the situation of the remaining segments of the judicial branch (IV), the reactions of the CJEU and ECtHR (V), and ends with few concluding remarks (VI)