The Protection of Human Rights under the ECHR and Central Europe: Poland

Tabaszewski, Robert (2025) The Protection of Human Rights under the ECHR and Central Europe: Poland. EUROPEAN INTEGRATION STUDIES, 21 (2). pp. 501-541. ISSN 1588-6735

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Abstract

This article elucidates the process of Poland’s integration with the Council of Europe, and its commitment to the fuller implementation of the Council’s body of law, particularly the provisions of the European Convention on Human Rights. Notably, the Council of Europe was the first Western organization to open its doors to Poland – the largest country in the region. The article focuses on the conditions underlying Poland’s accession to European structures and evaluates its progress in establishing dialogue and partnership with the other members of the organization. Furthermore, it examines whether aligning with European standards has been a linear process or encumbered with difficulties in the formulation and enforcement of legal norms. Additionally, the Poles’ participated in the democratization process and the extent to which they cooperated with other members of the Council of Europe in developing solutions beneficial to the statutory objectives of the organization are analysed. This article verifies whether the current political system of the Republic of Poland is fully compliant with the statutory requirements of the Council of Europe. Moreover, it examines the Polish decision-making process within the various decision-making bodies of the Council of Europe, Poland’s participation in the most important human rights conventions of the Council of Europe, and the implementation of obligations arising from the European Convention on Human Rights to domestic law. The article further illustrates how these obligations have been integrated into the Constitution of the Republic of Poland of 1997 and other legal acts, highlighting the role of Polish courts in applying the standards of the Convention for the Protection of Human Rights and Fundamental Freedoms. Key cases brought by Polish citizens to the Polish legal system are examined. Lastly, the article describes significant legal reforms in Poland over the last thirty years, the impact of Strasbourg rulings on Polish domestic law, and the challenges related to aligning the Polish legal system with European standards.

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