The reform of the European System Human Rights protection in the context chosen European Human Rights Tribunal's Judgment's against Great Britain Cover Image

Reforma europejskiego systemu ochrony praw człowieka na tle niektórych wyroków Europejskiego Trybunału Praw Człowieka przeciwko Wielkiej Brytanii
The reform of the European System Human Rights protection in the context chosen European Human Rights Tribunal's Judgment's against Great Britain

Author(s): Izabela Gawlowicz, Piotr Laski
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: custom; constitution; system of law; International agreement; sources of law

Summary/Abstract: The authors examine the possible effects of the pending reform of the European human rights system in the light of some European Court’s of Human Rights (ECHR) judgments against Great Britain (much because of this country involvement in the process). The authors share some fears and doubts about the shape of this reform and it’s possible long-term effects in the perspective of the most important aim of the European system which was always it’s accessibility to the individuals. The chosen judgments and mostly country reactions to them illustrate some problems with understanding the role of ECHR in the whole European law system (seeing in the most possible broad sense) and in relation to the state itself (it’s organs functioning and decisions-making, it’s sovereignty, it’s democracy level ects.). The authors do not predestine whether those problems had any meaningful impact on the shape of the European system reform (especially this part which is a way to limit the access to the Tribunal), but they want to put this important question to the public debate due to the best human rights interest.

  • Issue Year: 2013
  • Issue No: 04
  • Page Range: 21-30
  • Page Count: 10
  • Language: Polish