Gminy jako skarżący przed Europejskim Trybunałem Praw Człowieka – niedostępny instrument ochrony przed autorytaryzmem
Municipalities as Applicants before the European Court of Human Rights – An Inaccessible Instrument of Protection against Authoritarianism

Summary/Abstract: The aim of this article is to analyze the scope of legal protection that local authorities in the member states of the Council of Europe can obtain under the European Convention on Human Rights and Fundamental Freedoms. The article first seeks to demonstrate why local self-governments play a crucial role in preventing the return of authoritarianism and therefore deserve such special protection. To this end, historical examples are examined, with reference to Polish experiences—first, during the interwar period, when the autonomy of local governments was gradually dismantled alongside the increasing centralization of the state and consolidation of power, and then during the communist era in the People’s Republic of Poland. That political and legal system was a clear negation of the idea of self-government, and the national councils remained, virtually until the end, purely façade institutions. Therefore, the reconstruction of local self-government after 1989 can be seen as one of the key safeguards against a return to such a regime. As examples from European countries in the 21st century demonstrate, the threat of authoritarian regression remains real, even for member states of the Council of Europe. This is illustrated not only by the trajectory Russia has followed—especially in recent years—gradually reverting to a model increasingly reminiscent of the period immediately preceding the collapse of the Soviet Union. Particularly interesting in this context is Turkey, a member of the Council of Europe for several decades, where democratic standards had appeared, at least in principle, to be well established. These ongoing challenges confirm the importance of properly diagnosing the scope of protection that local governments can obtain under the ECHR. A key element of such an analysis is always the possibility for them to independently lodge complaints before the European Court of Human Rights. However, the article seeks to show that procedural aspects—i.e., the legal standing to appear as an applicant before the Court—should not obscure substantive issues, particularly the question of whether the scope of protection can extend to a broader category of actors than the list of formally recognized applicants, including local self-government entities. Determining whether such entities may possess standing required a careful examination of their specific legal nature, with particular focus on Polish municipalities, which forms the core part of the analysis. This includes their constitutional status, the character of their public-law legal personality, their role in meeting collective needs, and the distinct legal regime governing their management of public property—as opposed to that of private entities. All of this is essential to confront with the jurisprudence of the ECtHR regarding the interpretation of the term “non-governmental organizations” and, conversely, those entities excluded from such status and standing. Even if there is little doubt about the practical benefit of granting such standing to local governments—due to its potential to significantly enhance protection against authoritarian restoration—the analysis conducted demonstrates that they cannot be permitted to bring claims before the Court against central authorities in disputes over potential limitations to their autonomy. To that end, the article also illustrates the general status of these entities with respect to human rights—not as right-holders, but rather as duty-bearers.

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