To Luxembourg Instead Of Strasbourg?

The Helsinki Foundation for Human Rights has published the report  "To Luxembourg instead of to Strasbourg?” by dr. Piotr Kładoczny, Marcin Szwed and Katarzyna Wiśniewska, in which the EU system of protection of individual rights is discussed.

 

The publication presents many judgments of the CJEU of recent years, that concern matters relevant to freedom and human rights, including freedom of religion, the right to protection of family life, protection of dignity, property rights, the prohibition of double criminality, the right to court, rights of defendants, the right to privacy, the protection of personal data, the prohibition of discrimination.

 

International law can provide individuals with effective protection. So far, the most important role in this respect has been played by the system of the Council of Europe, with the European Court of Human Rights at the head, which, however, is not free from defects. This is why it is justified to look for alternative mechanisms to protect human rights.

 

The report presents the results of surveys conducted among judges, lawyers, legal advisors and lawyers of non-governmental organizations from Poland and other EU countries. Their aim was to present the previous experiences of various professional groups in dealing with the basic legal instruments of EU. Authors focused on procedure for asking preliminary questions and the use of the Charter of Fundamental Rights in proceedings conducted at the national level.