Poland and its "contribution" to the Strasbourg case-law
Attitude concerning the human rights case-law domestic impact of the international judgments. The publications informing about the specificity of the protection of human rights as way of necessary dissemination of information concerning the ECHR system.
| Рубрика | Государство и право |
| Вид | статья |
| Язык | английский |
| Дата добавления | 05.04.2019 |
| Размер файла | 33,3 K |
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In the above-mentioned context the Author of this paper is strongly convinced that the efforts towards the widening of the scope concerning the practical influence of the ECtHR judgment would be highly useful for the general prevention of similar problem within the State-Parties to the ECtHR.
To be more specific, this practical proposal was proclaimed earlier both in the literature See: Gronowska B. Effectiveness of the European Court of Human Rights' Judgment in Poland - Normative and Practical Aspect,(in:) Legal Ensuring of the Effectiveness Execution of Judgment and Implementation of Practice of the European Court of Human Rights, Odessa 2013, p. 185. as well in the official documents of the Council of Europe See: the Recommendation Res(2004)5 of the Committee of Ministers to member state on the verification of the compatibility of draft law, existing law and administrative practice with the standards laid down in the European Convention on Human Rights, adopted by the committee of Ministers on 12 May 2004 at its 11th Session. Likewise this kind of solution is fully compatible with the Interlaken declaration which recall the Member- States “to take into account the Court's developing case-law , also with a view to considering the conclusions to be drawn from a judgment finding a violation of the Convention by the other State where the same problem of principle exists within their own legal system - point B.4.c. of the Interlaken Declaration of 19 February 2010 Conference. In the Polish doctrine such a proposal was presented by a.o. M. Balcerzak Analiza prawna na temat wykonywania wyrokow Europejskiego Trybunalu Praw Czlowieka przez Sejm, Biuro Analiz prawnych, Warszawa 2012, p. 15 (Balcerzak M. Legal analyses of the execution of the ECtHR judgments by Parliament, Office of the Legal Analyses, Warsaw 2012, p. 15).. Maybe it is still too early to imagine the final results, but just from a logic viewpoint this kind of influence of an individual ECtHR judgment can occur in future to be a very good solution as far as the prevention of similar violations of human rights are concerned.
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