THE EFFECT OF THE JUDGEMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE DOMESTIC LEGAL ORDER

• Authors: Grzegorczyk Pawel
• Languages of publication: EN

Abstracts

EN

As far as the openness with which the Polish judicial system should respond to the judgments of the ECHR is concerned, there is no reason for any far-reaching anxiety, because the influence and contribution of the Tribunal to the development of safeguards in civil proceedings is unquestionable. The Convention itself is perceived as the codification of present standards in this field, which is clearly visible, in particular in international civil procedure law. In the discussion concerning the influence of the Court's awards on final and binding domestic judgments one cannot forget - and the Tribunal itself also bears it in mind - that awarding a sound judgment in a civil proceeding is a task which is not always achieved. One of the fundamental elements of the right of access to courts is the right to obtain a specific judicial decision which is not temporary, but binding and permanent, which thereby allows the parties to regulate their legal affairs with full confidence in its content and applicability.

Keywords

EN

CONVENTION FOR PROTECTION OF HUMAN RIGHTS & FUNDAMENTAL FREEDOMS; EUROPEAN COURT OF HUMAN RIGHTS

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Journal: Polish Yearbook of International Law
• Year: 2008
• Volume: 28
• Pages: 39-82
• Document type: ARTICLE

Contributors

author

Grzegorczyk Pawel

• Pawel Grzegorczyk, Uniwersytet im, Adama Mickiewicza, Wydzial Prawa i Administracji, ul. Sw. Marcin 90, 61-809 Poznan, Poland

Identifiers

CEJSH db identifier

10PLAAAA080517