Problems with applying human rights in the actions of public administration

This article aims to analyze the contemporary problem of respecting human rights in the actions of public administration. To that end, it aims to show the causes of the issue in question and propose solutions. The article opens with a description of the legal aspect of human rights from the general...

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Main Author: Aleksandra Puczko
Format: Article
Language:English
Published: Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań 2022-12-01
Series:Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza
Subjects:
Online Access:https://pressto.amu.edu.pl/index.php/ppuam/article/view/37618
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author Aleksandra Puczko
author_facet Aleksandra Puczko
author_sort Aleksandra Puczko
collection DOAJ
description This article aims to analyze the contemporary problem of respecting human rights in the actions of public administration. To that end, it aims to show the causes of the issue in question and propose solutions. The article opens with a description of the legal aspect of human rights from the general perspective as a matter of rules and elements of the legal system. This part of the article presents the legal grounds for and obstacles to incorporating human rights and the acts that regulate them into the actions of public administration. In the subsequent sections, the analysis shifts to a detailed perspective. The first one concerns the reliance of the public administration’s actions on Art. 6 point 1 of the European Convention on Human Rights and shows the issues with applying it to administrative cases, as noted in the literature and jurisprudence. The second addresses the issues associated with incorporating human rights regulations into the application of the substantial law. This problem is analyzed from the standpoint of legal regulations, values and interpretation. At the same time, the article aims to show that while on the one hand public administration is responsible for safeguarding rights, on the other it is also entitled to breach and limit.
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spelling doaj.art-f49fcb7f56e849ceb694cd298b7d0dfd2023-04-25T06:41:28ZengAdam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University PoznańPrzegląd Prawniczy Uniwersytetu im. Adama Mickiewicza2083-97822450-09762022-12-011410.14746/ppuam.2022.14.11Problems with applying human rights in the actions of public administrationAleksandra Puczko0Jagiellonian University This article aims to analyze the contemporary problem of respecting human rights in the actions of public administration. To that end, it aims to show the causes of the issue in question and propose solutions. The article opens with a description of the legal aspect of human rights from the general perspective as a matter of rules and elements of the legal system. This part of the article presents the legal grounds for and obstacles to incorporating human rights and the acts that regulate them into the actions of public administration. In the subsequent sections, the analysis shifts to a detailed perspective. The first one concerns the reliance of the public administration’s actions on Art. 6 point 1 of the European Convention on Human Rights and shows the issues with applying it to administrative cases, as noted in the literature and jurisprudence. The second addresses the issues associated with incorporating human rights regulations into the application of the substantial law. This problem is analyzed from the standpoint of legal regulations, values and interpretation. At the same time, the article aims to show that while on the one hand public administration is responsible for safeguarding rights, on the other it is also entitled to breach and limit. https://pressto.amu.edu.pl/index.php/ppuam/article/view/37618public administrationhuman rightsEuropean Convention on Human RightsRussian legal systemadministrative values
spellingShingle Aleksandra Puczko
Problems with applying human rights in the actions of public administration
Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza
public administration
human rights
European Convention on Human Rights
Russian legal system
administrative values
title Problems with applying human rights in the actions of public administration
title_full Problems with applying human rights in the actions of public administration
title_fullStr Problems with applying human rights in the actions of public administration
title_full_unstemmed Problems with applying human rights in the actions of public administration
title_short Problems with applying human rights in the actions of public administration
title_sort problems with applying human rights in the actions of public administration
topic public administration
human rights
European Convention on Human Rights
Russian legal system
administrative values
url https://pressto.amu.edu.pl/index.php/ppuam/article/view/37618
work_keys_str_mv AT aleksandrapuczko problemswithapplyinghumanrightsintheactionsofpublicadministration