The role of the council of Europe in improving general principles of administrative law in Poland-remarks on the 25th anniversary of accession to the European convention on human rights

Barbara Grabowska-Moroz, Marek Wierzbowski

Research output: Contribution to Book/Report typesChapterpeer-review

Abstract (may include machine translation)

This chapter explores the influence on Polish administrative law of pan-European principles of good administration stemming from the Council of Europe (CoE). It reveals that membership of the CoE can be perceived as an element of the democratization process that has had a direct influence on Poland, especially through the case law of the European Court of Human Rights. It furthermore establishes that Polish administrative law generally follows the CoE standards even if at the same time they are overshadowed by the standards flowing from the EU. In addition, the unwillingness of the Polish courts to refer to non-binding CoE standards of conduct which are not strongly founded in statutory law is another obstacle precluding full reception of the said principles.

Original languageEnglish
Title of host publicationGood Administration and the Council of Europe
Subtitle of host publicationLaw, Principles, and Effectiveness
PublisherOxford University Press
Pages478-503
Number of pages26
ISBN (Electronic)9780198861539
DOIs
StatePublished - 19 Nov 2020
Externally publishedYes

Keywords

  • Administrative justice
  • Administrative procedure
  • Council of Europe
  • European charter of local self-government
  • European convention on human rights
  • General principles of administrative law
  • Moskal case
  • Poland
  • Polish administrative law

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