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In the case, Brzeziński v. Poland, the European Court of Human Rights for the third time addressed the issue of the summary electoral proceedings in the Polish legal system. The last judgement is an excellent opportunity to examine if the provisions of the electoral law concerning these proceedings are well designed and correctly interpreted by the Polish courts. There is no doubt that free elections and freedom of expression together form the bedrock of any democratic system. The two rights are inter-related and operate to reinforce each other. For this reason, it is particularly important in the period preceding an election that opinions and information of all kinds are permitted to circulate freely. On the other hand, national authorities are legitimised to create special proceedings in order to ensure the proper conduct of the electoral campaign by preventing the dissemination of false information. As a consequence, it is possible to verify factual statements contained in the materials pertaining to an electoral campaign. Special proceedings should not apply to the value judgements. If such comments and opinions infringe the candidate’s personal rights, he or she may seek redress under the general rules of protection of individual rights.
Prawa człowieka
(2021)
This human rights handbook presents the most important issues concerning human rights protection. It includes introductory theoretical chapter, chapters concerning national and international systems of protection, and chapters concerning the scope and content of civil and political rights. It contains numerous references to the case law, especially of the European Court of Human Rights.
Wolność wypowiedzi w Internecie: O roli mediów społecznościowych i pozytywnych obowiązkach państwa
(2022)
Modern online communication processes are characterized by the growing role of private entities (social media) and the emergence of numerous conflicts of a horizontal nature. This paper examines these issues from the standpoint of the ECtHR’s theory of positive obliga-tions. Consequently, it analyses the impact of new technologies on the freedom of expres-sion, the paradigm shift in communication, and the State’s positive obligations to prevent horizontal abuses. The article also analyses the existing and planned legal framework (national and EU). The main argument of this article is that public control over social media should be strengthened. Limiting their discretion to ensure adequate protection of rights and freedoms does not mean, however, the freedom of forum, understood as an unlimited right of access to the platform in order to express opinions.
Prawa człowieka
(2023)
This human rights handbook presents the most important issues concerning human rights protection. It includes introductory theoretical chapter, chapters concerning national and international systems of protection, and chapters concerning the scope and content of civil and political rights. It contains numerous references to the case law, especially of the European Court of Human Rights.
At the beginning of 2022, a tax law reform, the so-called Polish Deal, was implemented, significantly changing the regulations of personal income taxation. However, the process surrounding the implementation of the reform causes considerable constitutional concerns. This article argues that the new law was not adequately prepared and came into force in breach of the constitutional tax law-making standards.