IN THE DIRECTION OF INCREASING THE EFFECTIVENESS OF THE CONTROL MECHANISM OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS – THEORETICICAL AND JURISDICTIONAL ASPECTS Cover Image

W KIERUNKU ZWIĘKSZANIA EFEKTYWNOŚCI MECHANIZMU KONTROLNEGO EUROPEJSKIEJ KONWENCJI PRAW CZŁOWIEKA – ASPEKTY TEORETYCZNE I ORZECZNICZE
IN THE DIRECTION OF INCREASING THE EFFECTIVENESS OF THE CONTROL MECHANISM OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS – THEORETICICAL AND JURISDICTIONAL ASPECTS

Author(s): Przemysław Pęcherczyk
Subject(s): Human Rights and Humanitarian Law, Law and Transitional Justice, EU-Legislation
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej

Summary/Abstract: Article presents the reform of the control mechanism of the European Convention on Human Rights carried out by the Protocol No. 14. At the start am describing motives introduction and the main assumptions of the Protocol No. 14 as the additional protocol to the European Convention on Human Rights. Then focused on Committees of three judges, which issued essential judgements on the basis of established case law of the European Court of Human Rights in Strasbourg. I deal with also question of the organization of the committees and the inspection procedure front of them. Moreover analyze the importance of the judgements of the committees in the context of the interpretation and application of the law by the courts of the Member State of the Council of Europe. The later in the article deals with the condition of admissibility of the individual complaint based on the criterion by the complainant experience significant disadvantage. Presented to here are motives for such change and controversies connected with it. The article includes a number of judgements of the Court and statistic on the activities of the European Court of Human Rights. Reliable analysis of the case-law of the Court on the issues presented allows for a better understanding this subject matter. The article concludes with evaluation of the reform of the control mechanism of the European Convention on Human Rights and to present further planned reforms. One of them is the European Union’s accession to the Council of Europe.

  • Issue Year: 18/2015
  • Issue No: 26
  • Page Range: 70-82
  • Page Count: 13
  • Language: Polish