European Convention on Human Rights

  • The European Court of Human Rights on Nazi and Soviet Past in Central and Eastern Europe

    Author: Grażyna Baranowska
    E-mail: baranowska.g@gmail.com
    Institution: Polish Academy of Sciences (Poland)
    Author: Aleksandra Gliszczyńska-Grabias
    E-mail: aggrabias@gmail.com
    Institution: Polish Academy of Sciences (Poland)
    Year of publication: 2016
    Source: Show
    Pages: 117-129
    DOI Address: http://dx.doi.org/10.15804/ppsy2016009
    PDF: ppsy/45/2016009.pdf

    The article demonstrates how references to Nazi and Soviet past are perceived and evaluated by the European Court of Human Rights. Individual cases concerning Holocaust and Nazism, which the Court has examined so far, are compared here to judgments rendered with regard to Communist regime. The article proves that the Court treats more leniently state interference with freedom of expression when memory about Nazism and Holocaust is protected than when a post–Communist state wants to preserve a critical memory about the regime. The authors of the article agree with the attitude of the Court which offers a wide margin of appreciation to states restrictively treating references to Nazism and Holocaust, including comparisons to the Holocaust, Nazism or fascism used as rhetorical devices. At the same time they postulate that other totalitarian systems should be treated by the Court equally. 

  • European Union Accession to the European Convention on Human Rights. Outline of the Theoretical Framework

    Author: Anna Marcisz-Dynia
    E-mail: amarcisz@poczta.onet.eu
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0003-2117-0685
    Year of publication: 2020
    Source: Show
    Pages: 407-420
    DOI Address: https://doi.org/10.15804/ppk.2020.05.30
    PDF: ppk/57/ppk5730.pdf

    Attempts of the European Union for accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms have been made for years, which proves the task is very difficult in the context of the institutional and legal issues. In view of the complexity of the issue and limitations as to the scope of this paper the focus is on selected legal acts sui generis, as passed by the EU institutions and by the Council of Europe. The analysis covered the stance of the Court of Justice of the European Union and it was based on the legal opinions formulated on the basis of the primary law. The question whether the said accession is still possible remains unanswered.

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