European Court of Human Rights

For the freedom of art, freedom of law and freedom to err


Art cannot exist without freedom. And where freedom exists, art experiments must be allowed – experiments more or less in line with expectations and what viewers of art are accustomed to. There must be an acceptance of searching, allowing not only for wandering the “dirt track” where nobody has ever seen art, along with scandals where art has long been present. However, everything has its limits. Even the freedom of art. For art, these flexible limits set out the aesthetic canons of the era and the boundaries of law. The aesthetic canons protect the sensitivity of art viewers, while the law protects other values, recognised by the law as more important than the freedom of creativity. If these canons and values are breached by art, then the boundaries within which it is allowed are described by law and set out by the courts of law.

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Posted on by ACUS in General Issues

Reopening civil proceedings as a result of a judgment of the European Court of Human Rights


The Polish Code of Civil Procedure does not provide for the effects of judgments of the European Court of Human Rights (ECHR) on pending or final cases examined by Polish courts. Therefore, the question whether a judgment of the ECHR stating an infringement of Article 6 sec. 1 of the European Convention on Human Rights should lead to the reopening of civil proceedings is a contentious and hotly debated topic in Polish legal literature. This issue has also been addressed by the Polish Supreme Court on several occasions, most notably by a panel of seven judges in a judgment of 30 November 2010, III CZP 16/10.

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Posted on by Agnieszka Gołąb in Civil Procedure