Summary: 1. Introduction. – 2. Institutional Components of the Right to a Fair Trial. –3. Procedural Components of the Right to a Fair Trial. – 4. Right to an Effective Remedy. – 5. Effective Remedy vs. Protracted Proceedings. – 6. The Remedies System in the Context of the Right to a Fair Trial. – 7. Right to an Effective Remedy: Summary. – 8. Evolution of the Right to Freedom of Expression under Polish Law. – 9. Polish Constitutional Tribunal’s Point of View. – 10. ECtHR Case Law Concerning Article 10 of ECHR in Cases against Poland – General Comments. – 11. Abrogating the Duty to Seek and Obtain Authorisation (Quote Approval). – 12. Defamation. – 13. Right of Freedom: Summary.
The European Convention of Human Rights along with the case law elaborated by the European Court of Human Rights set an international procedural standard of a fair trial. It exerts a predominant influence not only on the creation and interpretation of European regulations connected with access to court and basic principles of the European justice system, but also on the interpretation of national constitutional laws in the realm of civil procedure.
Any evaluation of the impact of protecting human rights and fundamental freedoms on the form, shape and daily practice of the Polish justice system in terms of the remedies mechanism demands that a number of issues be taken into account, not only with regard to the imperative of securing the right to an effective remedy, but also the form and functioning of the same in Poland. They should be adequate in terms of protecting the interests of individual parties as well as public interest.
The impact of Art. 10 of the Convention on the evolution of Polish law on protection of freedom of expression is invaluable. According to the analysis, ECtHR case law under Art. 10 of the ECHR has had a major influence on the decisions of Polish courts; in fact, in certain instances it led to significant changes in Polish legislation.