The Role of Soft Law of the Council of Europe in Polish Court Proceedings: A Historical Overview

Abstract

Abstract This paper presents a historical overview of the role of soft law of the Council of Europe in Polish court proceedings. Soft law refers to legal acts that are not formally legally binding, but nevertheless constitute important guidelines for the operation of state authorities. The article focuses on the role of documents adopted by the Council of Europe, such as resolutions, recommendations or declarations, in the process of shaping the Polish legal system. An analysis of the guidelines and standards introduced by the Council of Europe in the field of human rights protection, equality and standards of court proceedings has been undertaken. The paper also shows the evolution of the position of Polish courts in relation to the soft law of the Council of Europe. Have the documents adopted by the Council of Europe been incorporated into legal arguments and jurisprudence in the Polish legal system and how? The study aims to outline the historical key moments and trends in the application of soft law of the Council of Europe in Polish court proceedings. It shows the impact of these soft instruments on the development of the Polish legal system and legal culture, as well as on the evolution of the perception and use of international standards by Polish courts.