The Concept of a “Criminal Case” in the Jurisprudence of the Polish Constitutional Tribunal against the Background of the Case Law of the European Court of Human Rights
Year: 2024
Type: article
Abstract: The subject of the study is the notion of a criminal case in Polish criminal law against the background of the jurisprudence of the European Court of Human Rights (ECtHR). The article seeks to analyse the case law of the ECtHR and the Polish Constitutional Tribunal (PCT) with regard to the interpretation of the concept of a “criminal case”. The aim is to examine whether the ECtHR and the PCT apply similar criteria and whether the ECtHR case law influences the practice of the PCT. The article uses the formal-dogmatic method. The concepts of crime, misdemeanour and administrative tort are analysed in the context of the Engel standard and its influence on the understanding of the case in the jurisprudence of the PCT, in the historical and normative context. The answer to the question whether the PCT applies criteria similar to those developed in the case law of the ECtHR is affirmative, which means that the standard developed in this respect in the case law of both courts is similar. The article is of scientific and synthesizing character. The presented problems have an international scope. The article may have cognitive value for both science and practice.
Source: Studia Iuridica Lublinensia
Authors: Marek Kulik, Aleksandra Nowosad
Institution: Maria Curie-Skłodowska University
Language: English
Topic: Polish Law and Legal System
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4406632747