- 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.
- Author:
Joanna Górska-Szymczak
- E-mail:
j.m.gorska@gmail.com
- Institution:
Toruńska Szkoła Wyższa
- ORCID:
https://orcid.org/0000-0003-1899-0105
- Author:
Grzegorz Górski
- E-mail:
g.k.m.gorski@gmail.com
- Institution:
Toruńska Szkoła Wyższa
- ORCID:
https://orcid.org/0000-0003-2057-5816
- Year of publication:
2021
- Source:
Show
- Pages:
343-361
- DOI Address:
https://doi.org/10.15804/ppk.2021.03.23
- PDF:
ppk/61/ppk6123.pdf
Ultra vires Rulings of the Court of Justice of the European Union and their Assessment in the Jurisprudence of the German Federal Constitutional Court. Aside from the Judgment of May 5, 2020
On May 5, 2020, the German Federal Constitutional Court (FCC) ruled on the legality of the public sector asset purchase program established by the European System of Central Banks (ESCB). What is particularly important, this issue was the subject of a preliminary ruling by the Court of Justice of the European Union (CJEU), issued following an inquiry from a German court. The FCC’s decision is of particular importance in the context of plans to launch a European Reconstruction Fund to combat the effects of the coronavirus pandemic. The German court questioned the treaty bases of the decisions of the European Central Bank (ECB) on the basis of which the bonds were issued. What is particularly important, the German court emphasized not only the right, but even the obligation to examine by the constitutional courts of the EU Member States whether the activity of European institutions goes beyond the powers conferred on them in the treaties (ultra vires). The content of this decision and its extensive justification will certainly have a great impact on the functioning of the European Union.
- Author:
Daria Bieńkowska
- E-mail:
tittke@wp.pl
- Institution:
Akademia Pomorska w Słupsku
- ORCID:
https://orcid.org/0000-0002-5659-4819
- Year of publication:
2022
- Source:
Show
- Pages:
269-281
- DOI Address:
https://doi.org/10.15804/ppk.2022.01.20
- PDF:
ppk/65/ppk6520.pdf
Evolution of Health Rights in the European Union in the Prism of Human Rights
As an economic and political union of states, the European Union has historically focused neither on health nor on human rights. Since the adoption of the Charter of Fundamental Rights, the link between fundamental rights and human health has been noticeable. Respect for human dignity and individual decisions played an important role in the evolution of the understanding of the right to health as a human right in the EU legal system. The aim of the article is to analyze the development of health rights in EU law and answer the question: does recognizing the right to health as a human right result in a specific legal claim? The article uses a purposeful-functional and axiological interpretation, and the historical method.