有时，即使是简单的法治案件也会产生糟糕的法律

IF 1.6 2区社会学 Q1 LAW

European Constitutional Law Review Pub Date : 2022-11-28 DOI:10.1017/S1574019622000335

Mathieu Leloup, D. Kosař

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引用次数: 1

摘要

法律界有一句著名的格言，即悬案成恶法。然而，这个熟悉的短语长期以来也被颠倒了，因为总的来说，不太难的案件也可能导致难以令人信服的论点或结构不佳的判决。在事关重大的领域发现这样的判决尤其令人沮丧，当判决是通过一个更权威的组成部分（如大法庭）发布时更是如此。不幸的是，格日达的判决勾选了所有这些方框。GrzÉda v Poland1是欧洲人权法院就波兰的法治危机作出的第一个大分庭判决，这一话题已经占据了欧洲及其两个主要的超国家法院2好几年了。本案实质上涉及GrzÉda先生诉诸法院的权利

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Sometimes Even Easy Rule of Law Cases Make Bad Law

It is a well-known maxim in the legal world that hard cases make bad law. Yet, this familiar phrase has long been turned upside down as well, as cases that are – by and large – not too difficult may also lead to judgments that are unconvincingly argued or poorly structured. It is especially disheartening to find such judgments in areas where the stakes are high, and even more so when the judgment has been issued through a more authoritative composition, such as a grand chamber. The Grzęda judgment unfortunately checks all of those boxes. Grzęda v Poland1 was the first Grand Chamber judgment of the European Court of Human Rights on the rule of law crisis in Poland, a topic that has been occupying Europe, together with its two main supranational courts,2 for several years now. The case concerned, in essence, the right of access to a court for Mr Grzęda to

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来源期刊

European Constitutional Law Review LAW-

CiteScore

2.80

自引率

14.30%

发文量

期刊介绍： The European Constitutional Law Review (EuConst), a peer reviewed English language journal, is a platform for advancing the study of European constitutional law, its history and evolution. Its scope is European law and constitutional law, history and theory, comparative law and jurisprudence. Published triannually, it contains articles on doctrine, scholarship and history, plus jurisprudence and book reviews. However, the premier issue includes more than twenty short articles by leading experts, each addressing a single topic in the Draft Constitutional Treaty for Europe. EuConst is addressed at academics, professionals, politicians and others involved or interested in the European constitutional process.