- 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.
- 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:
Dominika Kuna
- E-mail:
dkuna@swps.edu.pl
- Institution:
Uniwersytet SWPS w Warszawie
- ORCID:
https://orcid.org/0000-0002-6668-9811
- Year of publication:
2024
- Source:
Show
- Pages:
149-160
- DOI Address:
https://doi.org/10.15804/ppk.2024.02.11
- PDF:
ppk/78/ppk7811.pdf
Potential Victim of Human Rights Violations on the Background of the Protection System of the European Convention on Human Rights
The article’s purpose is to present the concept of a potential victim of violations of the rights and freedoms of the European Convention on Human Rights. A group of complainants is treated as a victim, even though the violation affects society. The qualification of complainants as victims of human rights violations can be treated as the creation of European human rights law. The role of the Court is to apply the so-called ‘push’ and ‘pull’ factors, which cannot only effectively contribute to the implementation of the principles of the ECtHR. The article addresses the problem of the assumptions of the living instrument doctrine and the interpretation of the law currently associated with the active activity of judges (judge-made law). The concept of the potential victim of human rights violations represents an opportunity for the postulated expansion of the catalog of fundamental rights.
- Author:
Marcin Jastrzębski
- Institution:
Uniwersytet Kazimierza Wielkiego w Bydgoszczy
- ORCID:
https://orcid.org/0000-0003-3403-261X
- Year of publication:
2024
- Source:
Show
- Pages:
268-283
- DOI Address:
https://doi.org/10.15804/athena.2024.81.14
- PDF:
apsp/81/apsp8114.pdf
An analysis of the interstate complaint mechanism: a case study of Russian complaints to the European Court of Human Rights
This paper examines the functioning of the interstate complaint mechanism, focusing on the specific context of Russian complaints submitted to the European Court of Human Rights (ECtHR). The interstate complaint mechanism allows states to bring cases against other states, alleging violations of the European Convention on Human Rights. Through a detailed analysis of Russian complaints, this study aims to shed light on the effectiveness and challenges of the interstate complaint mechanism. The research employs a comprehensive approach, combining legal analysis, case studies, and a review of relevant literature. Key aspects explored include the legal arguments put forward by Russia and the ECtHR’s decisions and the implications of these interstate cases for the protection and promotion of human rights within the Europe.