Transformation of the political system in the light of various concepts of settling the past Cover Image

Transformacja systemu politycznego w świetle różnych koncepcji rozliczania przeszłości
Transformation of the political system in the light of various concepts of settling the past

Author(s): Iwona Florek
Subject(s): Politics / Political Sciences, Political Theory, Governance, Politics and society
Published by: Wydawnictwo Uniwersytetu Rzeszowskiego
Keywords: political transformation; principle of legalism; European Court of Hu-man Rights; justice; rule of law

Summary/Abstract: Succession or transformation of the political system is a process that often requires dealing with the shameful past. The history of European countries in the 20th century knows many examples of such events. Thus, different countries have different approaces to assessing and settling the past. The aim of the article is not to evaluate political decisions, but only to look at dogmatic issues. Is politics above the law? On the other hand, is the thick line strategy legally fair and morally sound? The author hypothesizes that the European Court of Human Rights does not assess justice made by states –successors of the "difficult historical past", but only assesses the legality of the judgments made. As a result of the analysis of the jurisprudence of the ECtHR and the literature, it can be concluded that an international institution such as the European Tribunal does not want to assess the policy chosen by states, but only the issues ofrespecting the principle of legality.

  • Issue Year: 20/2022
  • Issue No: 02
  • Page Range: 60-72
  • Page Count: 13
  • Language: Polish