Amicus curiae i interwencja podmiotów trzecich przed TSUE i ETPCz – zasady, praktyka i znaczenie przesłanki interesu w rozstrzygnięciu sprawy
Amicus curiae and third-party intervention before the CJEU and the ECtHR – principles, practice, and the importance of the interest in the outcome of the case requirement

Summary/Abstract: The article examines the role and significance of the amicus curiae institution in proceedings before the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). It provides a comparative analysis of the legal frameworks, judicial practice, and functions that third-party interventions serve in both systems. The article points out that before the CJEU, the possibility for amicus curiae participation is strictly limited by legal provisions and subject to stringent procedural requirements, particularly in preliminary ruling proceedings, where intervention is only permitted for parties already participating in the domestic proceedings. In direct actions before the CJEU, the circle of entities entitled to intervene is broader; however, admission requires demonstrating an interest in the outcome of the case, which must be both direct and current. By contrast, the ECtHR system is significantly more flexible: the President of the Court may authorize the participation of any interested person or organization, provided it serves the interests of justice, without requiring the intervener to prove victim status under the Convention. The article emphasizes that amicus curiae interventions contribute to the objectivity of the proceedings, ensure a comprehensive examination of the case, and enhance the quality of judicial reasoning. Their role—particularly before the ECtHR—is steadily expanding, thereby promoting stronger protection of human rights and the rule of law in Europe.

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