scholarly journals Rozstrzyganie spraw o udzielenie ochrony międzynarodowej obywatelom Ukrainy w świetle koncepcji alternatywy ochrony wewnętrznej w kraju pochodzenia

2019 ◽  
pp. 59-78
Author(s):  
Paweł Dąbrowski
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Country Of Origin ◽  
Case Law ◽  
Crucial Point ◽  
European Court ◽  
Displaced People ◽  
Place Of Origin

The annexation of Crimea by Russian Federation and hostilities on Eastern Unkraine clearly marked Polish asylum system. Above six thousands citizens of Ukraine, whose place of origin mainly was region of Donbas and Crimea, lodged asylum applications in Poland over the years 2014-17. Most of their cases were considered as an unfounded by Polish authorities in the light of internal flight alternative (IFA) concept due to territoral scope of military hostilities in country of origin. The article is focused on accuracy of this concept to Ukrainian cases. The crucial point is so called „rationality test” of IFA which result is often not obvious, what is particularly connected with bad material situation of internal displaced people in Ukraine, among others poverty, unemployment and difficulties with finding some flat. The author analyzes the case-law of the European Court of Human Rights in similiar cases. 

Principles Corroborated by Practice? The Use of Country of Origin Information by the European Court of Human Rights in the Assessment of a Real Risk of a Violation of the Prohibition of Torture, Inhuman and Degrading Treatment

2016 ◽  
Vol 18 (3) ◽  
pp. 302-326 ◽  
Author(s):  
Femke Vogelaar
Keyword(s):  
Human Rights ◽  
Country Of Origin ◽  
Case Law ◽  
European Convention ◽  
European Court ◽  
Real Risk ◽  
Consistent Manner ◽  
Standard Set ◽  
Degrading Treatment

This article studies the European Court of Human Rights (ECtHR) approach to country of origin information in its case law under Article 3 of the European Convention of Human Rights. It will first examine the standard set by the ECtHR on the use of country of origin information, followed by an assessment of the application of these principles by the ECtHR in its case law. The article specifically focusses on the use of country of origin information in expulsion cases of applicants from Somalia, Tamils applicants from Sri Lanka and applicants from Iran. The analysis of the ECtHR’s case law in this article will show that the ECtHR does not apply its own standards in a transparent and consistent manner. This raises questions as to the quality of the ECtHR’s assessment of the risk of a violation of Article 3.

scholarly journals Recent Case Law of the European Court of Human Rights: an Overview

2007 ◽  
Vol 35 (2) ◽  
pp. 262-277 ◽  
Author(s):  
Valeriy A. Musin
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Case Law ◽  
European Countries ◽  
International Treaties ◽  
Council Of Europe ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation

In 2006 the Russian Federation was chair of the Committee of Ministers of the Council of Europe. Our motto was: “Towards united Europe without dividing lines.” In order to make European countries closer to each other it is very important to insure unified interpretation and application of norms contained in international treaties. Such harmony between countries requires us to first consider the terms in the Convention for the Protection of Human Rights and Fundamental Freedoms.

Precedent in International Courts: A Network Analysis of Case Citations by the European Court of Human Rights

2011 ◽  
Vol 42 (2) ◽  
pp. 413-439 ◽  
Author(s):  
Yonatan Lupu ◽  
Erik Voeten
Keyword(s):  
Human Rights ◽  
Network Analysis ◽  
Country Of Origin ◽  
Case Law ◽  
Expected Value ◽  
Legal Issues ◽  
International Courts ◽  
European Court ◽  
Domestic Courts

Why and how do international courts justify decisions with citations to their own case law? We argue that, like domestic review courts, international courts use precedent at least in part to convince ‘lower’ (domestic) courts of the legitimacy of judgements. Several empirical observations are consistent with this view, which are examined through a network analysis of European Court of Human Rights (ECtHR) citations. First, the Court cites precedent based on the legal issues in the case, not the country of origin. Second, the Court is more careful to embed judgements in its existing case law when the expected value of persuading domestic judges is highest. These findings contribute to a developing literature that suggests international and domestic review courts develop their authority in similar ways.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

Standardy należytego uzasadnienia w świetle orzecznictwa Trybunału Konstytucyjnego i Europejskiego Trybunału Praw Człowieka

2014 ◽  
pp. 33-48
Author(s):  
Przemysław Florjanowicz-Błachut
Keyword(s):  
European Union ◽  
Human Rights ◽  
Due Process ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
European Convention ◽  
European Court ◽  
Judicial Reasoning ◽  
The Right

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.

Rola uzasadnienia sądowego w realizacji prawa do rzetelnego procesu sądowoadministracyjnego– standard strasburski

2014 ◽  
pp. 13-31
Author(s):  
Katarzyna Grzelak-Bach
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
Case Law ◽  
Legal Order ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Basic Level

Following a brief introduction of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the author begins by analyzing case law from the European Court of Human Rights regarding the legal reasoning in judicial proceedings. The main premise of this paper is to present a formula for preparing legal reasoning in administrative court proceedings. The author draws attention to the role of judges who, in the process of adjudication, should apply creative interpretation of the rules of law, when they see errors or omissions in legislative provisions, or blatant violations of the European legal order. The conclusion of those deliberations finds, that the process of tailoring the approach to meet Strasbourg’s requirements should, on a basic level, be at the discretion of judges rather than the legislators.

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