Suchergebnisse

Universal Declaration of Human Rights is an essential reference to human rights and freedoms. Both the Declaration and the Constitution obliges authorities, especially justice and therefore constitutional justice to respect fundamental rights and freedoms, including those through which is ensured protection of personality's spiritual side. The right to a fair trial has a special place among the fundamental rights in a democratic society, whose level should be inherent in any system of law. The right to a fair trial in an independent and impartial court is recognised in customary international law so that those states that have not yet ratified the international instruments are also bound by law and the judicial system to adapt their legislation appropriately. The right to a fair trial has several components such as access to justice, a fair and public case in a reasonable time, examination of the case by an independent and impartial court, established by law, advertising delivery decisions. The right to be tried by an independent and impartial court is so elemental, exciting Human Rights Committee status as an "absolute right not bear any exception". The right to a fair trial also means a reasonable opportunity to expose any part of his case to the court in a manner that does not disadvantage the opposing party, which is achieved by ensuring its rights of defense. Parties have the right to be assisted by an attorney, elected or appointed by office. Realisation of the right to defense is ensured by the organisation and functioning of the judiciary, which is based on the principles of legality, equality of parties, gratuity, collegiality, publicity, immutability and the active role of the court. To enact a law the court as part of a fair trial takes into account the competence to hear the case, both materially and territorially. In this context, statutory legislation provisions are clear and precise, clearly delineating the powers of courts, the costs involved in the administration of justice. To understand and respect the provisions is of paramount importance in realisng the right - a prerequisite to the existence of balanced and harmonious society.

The article presents the judgment delivered by the European Court of Human Rights of 5 March 2020 in GROBELNY v. Poland, by which the Court found that Article 1 of the First Protocol to the European Convention on Human Rights had been infringed following the rejection by national courts of the applicant's claim for compensation equal to the invalidity pension which he was unlawfully deprived of by applying the res judicata principle, despite the existence of relevant and sufficient grounds for departing from that principle, namely the fact that the applicant's deprivation of pension rights was the consequence of a manifest error attributable to the public authority, found as such by the court in the second dispute. The Court held that, in this way, the national authorities had failed to ensure compliance with the principles of social justice and fairness or good governance and that the burden to which the applicant was subject was disproportionate, since he was required to bear the consequences of the errors attributable to the public authorities on his own, even though he did not have any other legal means to compensate for the damage. The article also contains an analysis by the author of the ECtHR ruling.