Wpływ zobowiązań prawnomiędzynarodowych w dziedzinie praw człowieka na rządowy proces tworzenia prawa

• Authors: Grzelak-Bach Katarzyna

Title variants

EN

The impact of international legal obligations in the field of human rights on the government law-making process

• Languages of publication: PL

Abstracts

EN

Due to the international legal obligations, we are part of, the government and local administration, officials and judges should function in a unique transnational legal space that will develop its own logic of political and legal legitimacy. The effect will depend on the ability of the Council of Europe to reform the legal system of the ECHR, and partly on the extent to which the national legislator maintains the processes of adopting the Tribunal’s guidelines into its legal order. The legislator should consider slowing down the dynamics of legislative changes at the national level, which unfortunately lead to dysfunctions and irregularities that end up in an individual complaint to the ECtHR. The effectiveness of the implementation of the Tribunal’s judgments depends on many mechanisms, firstly on the situation of a given democratic state and on the practice of the authorities of the states-parties to the Convention. In recent years, there has been progressed in shaping the Polish practice of proceedings before Strasbourg authorities. Coherent and regular cooperation of the executive, legislative and judiciary authorities may contribute to the progress of Polish legislation, with the effective protection of human rights in line with the ECHR. From the above cases, it is clear that the effective implementation of the judgments of the Tribunal is long-term and requires coordination of the authorities in order to ensure rights for the public in line with contemporary Strasbourg standards. Despite the implementation of individual and general human rights measures to date, the problem of the effective implementation of the Court’s judgments still persists. It depends on many mechanisms, both on the practice of the authorities and the judiciary, but also on the existence of legal loopholes in Polish legislation, which should clearly be regulated.

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2022
• Issue: PL 1 (119)/2022
• Pages: 50-76

Contributors

author

Grzelak-Bach Katarzyna

• Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie - Cardinal Stefan Wyszynski University in Warsaw