Legal Framework for the Activity of Court Reporters in the Light of the Jurisprudence of the European Court of Human Rights in Strasbourg Cover Image

Ramy prawne działalności sprawozdawców sądowych w świetle orzecznictwa Europejskiego Trybunału Praw Człowieka w Strasburgu
Legal Framework for the Activity of Court Reporters in the Light of the Jurisprudence of the European Court of Human Rights in Strasbourg

Author(s): Ksenia Kakareko, Jacek Sobczak
Subject(s): Media studies, EU-Legislation
Published by: Wydawnictwo Wydziału Dziennikarstwa, Informacji i Bibliologii Uniwersytetu Warszawskiego

Summary/Abstract: The aim of the study is to present the most important problems that have emerged in recent years against the background of journalistic reports on the course of court proceedings through the prism of the judgments of the European Court of Human Rights. Research methods: in the scope of the analysis of normative texts and the arguments of the European Court of Human Rights, a whole range of legal methods was used, including the method of exegesis of the legal text according to the indications of the derivative concept, which was accompanied by a linguistic analysis, topical and rhetorical and procedural ones. It was necessary to refer to legal hermeneutics as a method of explaining the text. The lexical method was also used, and, to a lesser extent, the comparison, allowing for the presentation of deep axiological sources of the legal system. The institutional and legal analysis also turned out to be helpful. Results and conclusions: the conducted research proves that the duties of journalists acting as court reporters are extremely serious, and the journalistic world seems not fully aware of their existence and the conditions in which they function. This applies in particular to the publication of photographs and images of both the defendants and other persons concerned by the court proceedings, moreover, to the publication of documents, photos from the case files, and the issue of recordings. Cognitive value: the rulings presented should make those acting as rapporteurs aware of the course of the trials and those who are just starting to take up this role, what challenges they will face while performing this work.

  • Issue Year: 21/2020
  • Issue No: 4
  • Language: Polish