{"title":"欧洲委员会软法在波兰法院诉讼中的作用:历史回顾","authors":"Katarzyna Grzelak-Bach","doi":"10.1163/18719732-bja10119","DOIUrl":null,"url":null,"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.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"37 1","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Role of Soft Law of the Council of Europe in Polish Court Proceedings: A Historical Overview\",\"authors\":\"Katarzyna Grzelak-Bach\",\"doi\":\"10.1163/18719732-bja10119\",\"DOIUrl\":null,\"url\":null,\"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.\",\"PeriodicalId\":43487,\"journal\":{\"name\":\"International Community Law Review\",\"volume\":\"37 1\",\"pages\":\"\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2023-11-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Community Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/18719732-bja10119\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Community Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/18719732-bja10119","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
The Role of Soft Law of the Council of Europe in Polish Court Proceedings: A Historical Overview
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.
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.
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