Selected aspects of international responsibility in Polish and transnational proceedings Cover Image

Wybrane aspekty odpowiedzialności międzynarodowej w polskiej i transnarodowej praktyce procesowej
Selected aspects of international responsibility in Polish and transnational proceedings

Author(s): Łukasz Augustyniak
Subject(s): Constitutional Law, Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: international responsibility; ECHR; ECJ; arbitral tribunals; judgments of international courts; enforcement of judgments

Summary/Abstract: This paper presents the most important issues related to enforcing international responsibility that may be of significance to Polish lawyers while representing clients. The author elucidates the conditions for ascribing such responsibility, which differ considerably from Polish legal regulations. Subsequently, the focus of the paper shifts to an analysis of three specific areas influenced by this notion, i.e. its indirect impact on domestic law and its direct effect through judicial decisions of the European Court of Human Rights (ECHR), the Court of Justice of the European Union (ECJ), and arbitral awards rendered, inter alia, under international law and recognized under the Polish legal order. In this context, the article concentrates on selected issues connected with the influence of the ECHR’s judgments on the judicial decisions of Polish courts, certain elements of international responsibility that have appeared in the case law of the ECJ, and references to international responsibility made before arbitral tribunals in cases involving Poland.

  • Issue Year: 2015
  • Issue No: 1
  • Page Range: 24-41
  • Page Count: 18
  • Language: Polish
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