Evaluation of Access to Justice in International Monitoring Mechanisms

Váradi, Ágnes (2024) Evaluation of Access to Justice in International Monitoring Mechanisms. In: Proceedings of IAC 2024 in Prague. CIAE, Prága, pp. 52-58.

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Abstract

Several international fora scrutinize the cornerstones of the national legal systems both at international and European level. These mechanisms play a significant role in fostering human rights, rule of law and compliance with international legal obligations. At the same time, they might contribute to a fruitful and substantial constitutional dialogue between states and international organizations as well. The current study aims to discover how the right to an efficient access to justice is interpreted in these monitoring mechanisms; how the complex theoretical concept appears in the reality of international law. The research extends to country reports of Hungary and Poland (two countries, where several debates have evolved around the judicial systems lately), Germany, France and Belgium (basic examples for “well-established” or “old” democracies) at the level of the United Nations, the Council of Europe and the European Union. The comparative description is complemented with the findings of the relevant secondary literature. This analysis can provide some first conclusions on the understanding of the concept of access to justice in the context of harmonized European and international standards with special regard to the dynamics of international cooperation.

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