The Role of Soft Law of the Council of Europe in Polish Court Proceedings: A Historical Overview

IF 0.4 Q3 LAW International Community Law Review Pub Date : 2023-11-22 DOI:10.1163/18719732-bja10119

Katarzyna Grzelak-Bach

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Abstract

This paper presents a historical overview of the role of soft law of the Council of Europe in Polish court proceedings. Soft law refers to legal acts that are not formally legally binding, but nevertheless constitute important guidelines for the operation of state authorities. The article focuses on the role of documents adopted by the Council of Europe, such as resolutions, recommendations or declarations, in the process of shaping the Polish legal system. An analysis of the guidelines and standards introduced by the Council of Europe in the field of human rights protection, equality and standards of court proceedings has been undertaken. The paper also shows the evolution of the position of Polish courts in relation to the soft law of the Council of Europe. Have the documents adopted by the Council of Europe been incorporated into legal arguments and jurisprudence in the Polish legal system and how? The study aims to outline the historical key moments and trends in the application of soft law of the Council of Europe in Polish court proceedings. It shows the impact of these soft instruments on the development of the Polish legal system and legal culture, as well as on the evolution of the perception and use of international standards by Polish courts.

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欧洲委员会软法在波兰法院诉讼中的作用:历史回顾

本文介绍了欧洲委员会软法在波兰法院诉讼中的作用的历史概述。软法是指不具有正式法律约束力，但却构成国家权力机构运作的重要指导方针的法律行为。这篇文章的重点是欧洲委员会通过的文件，如决议、建议或宣言，在塑造波兰法律制度的过程中所起的作用。对欧洲委员会在人权保护、平等和法庭诉讼标准领域提出的准则和标准进行了分析。本文还展示了波兰法院相对于欧洲委员会软法立场的演变。欧洲委员会通过的文件是否已纳入波兰法律制度的法律论据和判例，以及如何纳入的?本研究旨在概述欧洲委员会软法在波兰法院诉讼中应用的历史关键时刻和趋势。它展示了这些软文书对波兰法律制度和法律文化发展的影响，以及对波兰法院对国际标准的认识和使用的演变的影响。

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来源期刊

International Community Law Review LAW-

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期刊介绍： The Journal aims to explore the implications of various traditions of international law, as well as more current perceived hegemonic trends for the idea of an international community. The Journal will also look at the ways and means in which the international community uses and adapts international law to deal with new and emerging challenges. Non-state actors , intergovernmental and non-governmental organisations, individuals, peoples, transnational corporations and civil society as a whole - have changed our outlook on contemporary international law. In addition to States and intergovernmental organizations, they now play an important role.