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La CEDH et les juges nationaux en Pologne


According to the constitutional catalogue of sources of law the European Convention on Human Rights has the priority over the national acts (if the act is incompatible with the Convention). Also, the Convention is directly applicable. Human and citizen rights and freedoms which are defined in The Constitution of the Republic of Poland (chapter III), as well as the rights and freedoms defined in international law, form a specific system of human rights protection. The subject-matter overlap between national and international law makes the protection of an individuals even more complete. However it influences the role of Constitution and some collisions between those systems occurs. This kind of situation becomes a challenge for the judges. National judges should be aware of the European human right system to ensure a proper application of a law. There is a lot of complaints submitted to The European Court of Human Rights against Poland. However it is not just a result of weaknesses in national human rights protection. It is also caused by good knowledge of the European system and common legal awareness.

Place of publishing:



E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Detailed Type:



ISBN 978-83-66066-01-4




(Prace Naukowe Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego)   (E-Monografie ; nr 114)

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Copyright by Mirosław Granat