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

100%
Grzelak-Bach K.
Przegląd Legislacyjny
|
2022
|
issue PL 1 (119)/2022
50-76
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.
2
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Rola polskiego parlamentu w systemie organów wdrażających wyroki Europejskiego Trybunału Praw Człowieka

63%
Grzelak-Bach K., Karski K.
Przegląd Sejmowy
|
2020
|
issue 5(160)
9-34
EN
The study presents selected issues related to the role of the national parliament in the implementation and execution of judgments of the European Court of Human Rights (ECHR). It presents the specificity of the national law-making process as a system of ad hoc legislation, which to a small extent is a response to international obligations in the field of human rights. The study also attempts to examine the impact of the case law of the ECHR on the national legal system by analyzing the subsequent stages of the legislative process. It emphasizes the role of the Committee of Ministers of the Council of Europe, whose task is to ensure that states do not overlook — by their actions or omissions — the effects of judgments. The study attempts to assess the degree of sensitisation and the increase of awareness regarding the significance of the standards of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) in the national institutions and executive and legislative authorities that actively cooperate with each other. The implementation of the guidelines of correct legislation in the context of human rights is an activity of entities involved in the law-making process which, taking into account the standards of national and international law, shape in a specific manner the situation of individuals as well as of all entities. Parliaments can hold the executive authorities accountable for the execution of obligations by means of various instruments, and thus many legal issues that were the subject of the judgments of the ECHR had significant impact on the legislative process and the undertaking of respective legislative actions towards bringing Polish legislation closer to the standards of the Convention. The Sejm (the Polish Lower House) and the Senate bear enormous responsibility for the quality of the adopted law; at the parliamentary stage the role of the Council of Ministers of the Republic of Poland becomes less leading, but not excluded. This is what determines the unique role of the dialogue between the executive and legislative authorities, which should finalize the vision of the legal regulations closer to human rights in a constructive manner.
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