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Tribunal of Human Rights in Strasbourg
Knowledge of the European Convention on the Protection of Human Rights and Liberties, signed by Poland, is of a great importance to the improvement of judicial officer's work. "The Currenda" publishes materials related to this convention as well as judicial decisions of the Tribunal of Human Rights in Strasbourg. In the decision made on 21 April 1998 in Estima Jorge versus Portugal Case (claim number 24550/94) the European Tribunal of Human Rights in Strasbourg expressed an opinion that the enforcement of a judgment is an integral part of the process and Article 6 passage 1 of the European Convention on the Protection of Human Rights and Liberties should be applied to executive proceedings. An enforcement of a judgment should not last too long. According to Article 6 passage 1 of the convention, everyone has a right to fair public process in reasonable time. Decisions concerning people's civil rights and duties should be taken by an independent and impartial court. An opinion that the courts and judicial officers should execute judgments with proper consciencousness. and without unjustified delay was expressed by the Tribunal in 1966. The Tribunal's jurisdiction is important for the legal grounds of executive proceedings. The fair process rule (Article 6 passage 1 of the convention) implies that execution can be carried out only against a person indicated in the writ of execution. Commencing executive proceedings without the writ of execution is forbidden. Article 6 passage 1 of the convention is not well known in Poland. Judicial decisions violating the right of defence are not rare. Most often it is a result of ignoring the evidence on the grounds that the case has been already clarified. If it had been so the party would not have brought forward a proof. A case is clarified when the court gives credence to circumstances to which the proof refers. It happens that the court ignores a proof and his establishes a fact contrary to statements of the party who has tried to tender evidence in their favour. The court of review will overrule such a judgment and remand the case. It goes without saying that neglecting evidence protracts proceedings instead of advancing them.
Tomasz Knypl
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Exchange rates of 2010-07-29
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From judicial decisions of the Tribunal of Human Rights in Strasbourg
Copyright by Currenda & WMKiW, Sopot 2006 |
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