The right to an effective remedy in the Constitution of the Republic of Poland

• Authors: Krzysztof Wojtyczek

Title variants

PL

Prawo do skutecznego środka prawnego w Konstytucji RP

• Languages of publication: PL

Abstracts

PL

The Polish Constitution does not encompass explicit guarantees of the right to an effective remedy for protecting rights. However, a deeper exegesis of its provisions shows that such a right is implicitly granted by the Constitution. If the Constitution grants the right to claim rights in judicial proceedings and the right to an appropriate compensation of damages caused by unlawful  actions of public authorities, then it is possible to derive from the text of the Constitution the general right to effective judicial remedies which enable an adequate redress for violations of constitutional rights of interested persons. This right has three dimensions: a substantive (the obligation to provide redress), a procedural (the obligation to enact adequate procedural provisions) and institutional one (the necessity to create bodies empowered to entertain remedies). However, certain types of constitutional rights violations remain out of the scope of existing constitutional remedies.

• Publisher: Uniwersytet Jagielloński, Krakowski Instytut Prawa Karnego Fundacja
• Journal: Constitutional Review
• Year: 2017
• Issue: 1

Dates

published

2019-03-16

online

2019-03-16

Contributors

author

Krzysztof Wojtyczek