The right to a fair trial in the European Convention on Human Rights,  in the Charter of Fundamental Rights of the European Union and  in the Constitution of the Republic of Poland – selected issues (part I)

The purpose of this paper is the presentation of some selected issues connected with the right to a fair trial (the right to court, the right to legal proceedings), which is a key element of human rights protection and serves to provide procedural means to safeguard the rule of law. The right to a fair trial is generally guaranteed in acts of international law and in democratic constitutions. The Author of this paper compares regulations of this issue in the European Convention on Human Rights, in the Charter of Fundamental Rights of the European Union and in the Constitution of the Republic of Poland. Because of the extent of the presented subject, article was divided into two parts – the first one, which contains the introduction to the subject of the right to a fair trial and the analysis of this issue in the European Convention on Human Rights and the second part, which presents the regulation of the right to a fair trial in the Charter of Fundamental Rights of the European Union and in the Constitution of the Republic of Poland.

The right to a fair trial in the European Convention on Human Rights, in the Fundamental Rights of the European Union and in the Constitution of the Republic of Poland – selected issues (part II)

The purpose of this paper is the presentation of some selected issues connected with the right to a fair trial (the right to court, the right to legal proceedings), which is a key element of human rights protection and serves to provide procedural means to safeguard the rule of law. The right to a fair trial is generally guaranteed in acts of international law and in democratic constitutions. The Author of this paper compares regulations of this issue in the European Convention on Human Rights, in the Charter of Fundamental Rights of the European Union and in the Constitution of the Republic of Poland. Because of the extent of the presented subject, article was divided into two parts – the first one, which contains the introduction to the subject of the right to a fair trial and the analysis of this issue in the European Convention on Human Rights and the second part, which presents the regulation of the right to a fair trial in the Charter of Fundamental Rights of the European Union and in the Constitution of the Republic of Poland.

New legal grounds for reducing salaries and allowances for members of parliament in Poland (selected constitutional issues)

In 2018, two acts amending the hitherto existing regulations on the rules for reducing salaries and allowances for Polish parliamentarians entered into force. At present, apart from the grounds related to preventing parliamentary work and unjustified absence at the meeting, the reduction of salary and allowances is also possible due to violation of the dignity of the chamber by the deputy or senator or because of violating the calm or order in parliament in a blatant manner. The aim of the article is an attempt to evaluate the introduced regulations in the context of their compliance with constitutional and European standards

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.

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.

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.