Wolność i bezpieczeństwo osobiste jako fundament wartości Unii Europejskiej w kontekście implikacji orzeczeń Europejskiego Trybunału Praw Człowieka
Personal freedom and security as the foundation of the European Union's values in the context of the implications of European Court of Human Rights rulings

Summary/Abstract: The article examines the role of the right to liberty and security of person within the human-rights protection system of the European Union, based on the Charter of Fundamental Rights of the EU and the European Convention on Human Rights (ECHR). It offers a dogmatic-legal interpretation of Article 5 ECHR, highlighting the prohibition of arbitrary deprivation of liberty, the necessity of transparent procedures, and procedural safeguards. The most important judgments of the European Court of Human Rights (ECHR) are discussed, including significant rulings against Poland (Siedlecka v. Poland; Friedrich and others v. Poland), Greece, and Ukraine. The thesis of the paper is that EU law provides individuals with effective instruments of protection in the event of a threat to or violation of fundamental rights encompassing liberty and security. The study employs a dogmatic-legal method, based on analysis of the provisions of the Charter of Fundamental Rights and the European Convention on Human Rights, as well as an analysis of the Court's case law. Recent ECHR judgments strengthen minimum protection standards and adapt them to new challenges. The conclusions emphasize that, although ECHR case law creates a robust protective framework, its practical effectiveness depends on the adaptation of national legislation, the availability of administrative resources, and the political will to implement alternative preventive measures.

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