Marcin Górski
Santander Art and Culture Law Review, 1/2018 (4), 2018, pp. 63-80
https://doi.org/10.4467/2450050XSNR.18.003.9764This article provides for a critical analysis of existing international instruments protecting the freedom of artistic expression and their application, as well as of the importance of that freedom as a significant development for the progress of mankind. A more detailed analysis is focused on the standard of protection for freedom of artistic expression under the European Convention on Human Rights. This ultimately leads to the conclusion that it is necessary to assess the need for a new treaty, which is likely to safeguard the aforementioned freedom more effectively.
Marcin Górski
Migration Studies – Review of Polish Diaspora, Vol. 2 (180), 2021 (XLVII), pp. 41-55
https://doi.org/10.4467/25444972SMPP.21.019.13775The article analyzes the Polish practice of ignoring applications for international protection and the high level of refusals to grant international protection in the context of Rule 61 of the Rules of the European Court of Human Rights, which allows the employment of the pilot judgment procedure in the event of a structural violation of the ECHR (structural problem). It appears from the reasoning of the judgment of the ECtHR of 23 July 2020 M.K. and others v. Poland, as well as from information provided by the Ombudsman and non-governmental organizations that there are grounds for classifying the practice of ignoring applications for international protection as a structural violation (structural problem). However, there are no sufficient grounds for such a classification with regard to the significant level of refusals to grant international protection.