The Grand Chamber and its role in creation of the case-law of the European Court of Human Rights

• Autorzy: Gronowska Bożena
• Języki publikacji: PL

Abstrakty

EN

The main purpose of this research is giving an answer for the question about the role which has been already played and can be played in future by the Grand Chamber created in 1998 within the European Court of Human Rights (ECHR). Obviously the fact that wide competences and powers have been conferred on this organizational formation of the ECHR created a unique situation concerning the substantive and procedural quality of the judgments. On the other hand, there is a potential risk that the possibility of referral of a case to the Grand Chamber can also be used for the purposes other than those strictly connected with the idea of the fair and objective justice system. The Author of this paper based her analysis against the background of 272 judgments which have been passed by the Grand Chamber and in such context she tries to make a systematization of problems both of the substantive and procedural nature. In principle the Author’s attitude is positive as far as any possibility of strengthening of the individual’s position in the control procedure of ECHR is concerned. However, according to the presented analysis the Author suggests that the Grand Chamber is still a kind of “big unknown”. Thus, at present it would be still difficult to appreciate in a concluding manner, the way in which the organ under consideration uses its decision-making power. The above-mentioned dilemma does not change the fact that this new area of the ECHR case-law creates a great challenge both for the ECHR itself as well as for all those who strongly support this institution.

Słowa kluczowe

EN

European Court of Human Rights; The Grand Chamber; human rights

• Wydawca: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Czasopismo: Studia Prawnicze
• Rocznik: 2011
• Numer: 3-4 (189)
• Strony: 7-33

Twórcy

autor

Gronowska Bożena

• Uniwersytet Mikołaja Kopernika w Toruniu, Jurija Gagarina 11, 87-100 Toruń, Poland