human and citizens’ rights; remedies for the protection of constitutional rights and freedoms; the right to court; the right to constitutional complaint; the right to file
Studia Politicae Universitatis Silesiensis, T. 16 (2016), s. 40-66
Remedies for the protection of constitutional rights and freedoms The only way for human and citizens’ rights and freedoms indicated by Chapter II of the Constitution of the Republic of Poland to be fully realized is providing an effective system of remedies for the protection of constitutional rights and freedoms. As it has been repeatedly emphasized in the case‑law of both the European Court of Human Rights and the Polish Constitutional Tribunal, such legal institutions as the right to court, the right to constitutional complaint, or the right to file a complaint with the European Court of Human Rights play a major role in guaranteeing the actual existence of the rights and freedoms granted by the Constitution. This reality is also backed by statistical data which unanimously suggest that persons whose rights and freedoms are infringed upon quite frequently use the legal remedies granted to them. Therefore, it seems necessary to analyze the structure of remedies for the
protection of constitutional rights and freedoms.