The Effect of the Judgments of the European Court of Human Rights in the Domestic Legal Order
The Effect of the Judgments of the European Court of Human Rights in the Domestic Legal Order

Summary/Abstract: As far as the openness with which the Polish judicial system should respond to the judgments of the ECHR is concerned, there is no reason for any far-reaching anxiety, because the influence and contribution of the Tribunal to the development of safeguards in civil proceedings is unquestionable. The Convention itself is perceived as the codification of present standards in this field, which is clearly visible, in particular in international civil procedure law. In the discussion concerning the influence of the Court’s awards on final and binding domestic judgments one cannot forget – and the Tribunal itself also bears it in mind – that awarding a sound judgment in a civil proceeding is a task which is not always achieved. One of the fundamental elements of the right of access to courts is the right to obtain a specific judicial decision which is not temporary, but binding and permanent, which thereby allows the parties to regulate their legal affairs with full confidence in its content and applicability.

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