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A Europe of RightsThe Impact of the ECHR on National Legal Systems$
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Helen Keller and Alec Stone Sweet

Print publication date: 2008

Print ISBN-13: 9780199535262

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199535262.001.0001

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The Reception Process in Poland and Slovakia

The Reception Process in Poland and Slovakia

Chapter:
(p.531) 9 The Reception Process in Poland and Slovakia
Source:
A Europe of Rights
Author(s):

Magda Krzyżanowska-Mierzewska

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199535262.003.0009

This chapter discusses the reception of the ECHR in Poland and Slovakia. Topics covered include the accession and ratification of the ECHR in both countries, the status of ECHR in national law, the implementation of international law by domestic courts, an overview of case law, and the European Court's case law and its effects on the national legal system. It is shown that despite the similar historical situation of both countries, the patterns of reception of the ECHR differ considerably. In Poland, the ECHR became immensely popular and gained the status of an instrument of popular justice, resorted to by individuals in a spontaneous and unorganized manner. In Slovakia, it plays a similar role in so far as it is used extremely rarely by organized civil society institutions as a legal advocacy instrument.

Keywords:   European Convention on Human Rights, national legal order, legislature, judiciary

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