The role of the polish Government in execution of the judgements of the European Court of Human Rights

• Main Author: Katarzyna Grzelak-Bach
• Format: Article
• Language: English
• Published: Universidade do Oeste de Santa Catarina 2019-12-01
• Series: Espaço Jurídico
• Subjects: Human rights; European Court of Human Rights; Execution of judgments; The executive power; Council of Europe
• Online Access: https://portalperiodicos.unoesc.edu.br/espacojuridico/article/view/20211

The specificity of the Strasbourg judgments is versatile and concerns many different areas of social life that it is not possible to effectively adapt legal norms and apply their interpretation by one entity of public authority. It can be said with full conviction that the execution of judgments is a continuous process and will last as long as the European Court of Human Rights is functioning; surely it will not end with the completion of the most difficult cases. It is important for the national system for the protection of human rights to be very efficient in the context of the protection of human rights. If, however, there is a violation of the norms of international agreements, Poland must be effective in meeting obligations such as the judgments of the European Court of Human Rights. There are two aspects involved in fulfilling obligations under international law arising from the European Convention for the Protection of Human Rights and Fundamental Freedoms. The first one is the introduction of appropriate standards of respect for the rights and freedoms enshrined in the treaty, and the second one is the obligation to enforce judgments of the European Court of Human Rights in the case of a stated infringement of the Convention. Both obligations must be carried out simultaneously by the state – which, as a party to the Convention, respects its provisions and fulfills the required international legal obligations. The subject of this paper is to present the powers and legitimacy of the body of the executive in Poland in connection with the execution of the judgments of the European Court of Human Rights.