Abstract
The influence of the ECHR2 decisions on system solutions, contents and protection of property rights in the Polish legal system, based on Article 1 of the judicature based on article 1 of the Protocol 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, concluded in Paris, March 20, 1952
The article attempts to analyze several significant decisions of the European Court of Human Rights (ECHR) issued in Polish cases based on Article 1 of the judicature based on article 1 of the Protocol 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, concluded in Paris, March 20, 1952 – concerning the protection of property rights and regarding the influence of these decisions system solutions, contents and protection of property rights in the Polish legal system. Firstly, it must be taken into account that the definition of a property is autonomous and, as a rule, is broader in Protocol 1 than in the national law. The article refers to many judgments and analyzes a few of them in detail (e.g. those issued in the following cases:Broniowski v. Poland, Hutten-Czapska v. Poland, Moskal v. Poland, Cichopek v. Poland) while describing which specific regulations were introduced as a result of these judgments. The conclusion of the article is the positive evaluation of ECHR decisions which also take the Polish Supreme Court and Constitutional Court and other context-specific elements into account – which should also be considered by the Polish Executive to avoid any possible violations.
Keywords: protection of property, deprivation of property, deprivation of a right to early retirement
Słowa kluczowe: ochrona własności, pozbawienie własności, pozbawienie prawa do wcześniejszej emerytury
