WALESA C. POLOGNE: UN ARRÊT PILOTE SYMBOLE D’UNE DÉFENSE ENGAGÉE DE L’INDÉPENDANCE DE LA JUSTICE PAR LA COUR DE STRASBOURG FACE À LA RÉSISTANCE ÉTATIQUE
WALESA V. POLAND: A PILOT JUDGMENT SYMBOL OF THE STRASBOURG COURT’S COMMITTED DEFENSE OF THE INDEPENDENCE OF JUSTICE IN THE FACE OF STATE RESISTANCE
Author(s): Anica GrossoSubject(s): Human Rights and Humanitarian Law, Sociology of Law, Court case
Published by: INSTITUT LOUIS FAVOREU
Keywords: Independence of the judiciary; right to a fair trial; article 6 of the European Convention on Human Rights; pilot-judgment procedure; state resistance;
Summary/Abstract: The justice reforms undertaken in Poland since 2015 have been the cause of a significant number of convictions handed down by the European Court of Human Rights. Faced with the inertia of the Polish authorities, the High Court decided to use the pilot-judgment procedure in the case of Wałęsa v. Poland, the subject of this study, reaffirming its commitment to protecting the Rule of law. The Court’s choice appears justified, considering the context, but has been criticized because of the problem it poses in terms of the different assessment of similar situations that may arise in certain Council of Europe Member States.
Journal: LETTRE DE L’EST
- Issue Year: 2024
- Issue No: 36
- Page Range: 58-62
- Page Count: 6
- Language: French
