PL EN


2019 | 39 | 135-157
Article title

Reckoning with the Communist Past in Poland Thirty Years After the Regime Change in the Light of the European Convention on Human Rights

Authors
Content
Title variants
Languages of publication
EN
Abstracts
EN
The article discusses the point of interconnection between historical policy and international human rights law standards on the example of a so-called decommunisation Act enacted in Poland in 2016 that reduces retirement pensions and other benefts to individuals who were employed or in service in selected state formations and institutions in 1944-1990, amending the Act adopted in 2009. The Act of 16 December 2016 is analyzed in the light of the standards of the European Convention on Human Rights (ECHR), including relevant standards on coming to terms with the past as an element of transitional justice. The examination concludes that there is a discrepancy between the rationale for adopting this legislation in Poland, namely to reckon with the communist past and as such increase social trust in state institutions, and the legal solutions contained in the 2016 Act.
Year
Volume
39
Pages
135-157
Physical description
Dates
published
2020-10-26
Contributors
author
  • Institute of Law Studies, Polish Academy of Sciences
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-da48e48e-abe3-4ed6-baea-5b912a782ea6
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.