Pöördumine

Saatja: Nazarii Stetsyk <[email protected]> Saaja: Info Teema: **SPAM** Request for Support on Human Rights Development and Constitutional Courts Dialogue Project **HOIATUS** Selles kirjas esineb kahtlast sisu. Palun olla tähelepanelik selle töötlemisel. Küsimuste korral pöördu IT osakonda. Dear representatives of the Supreme Court of Estonia (Riigikohus), I address you as a legal scholar from Lviv (Lemberg) University (Ukraine). I want to ask you for some support in realisation of my project and really hope you will help me. Polish Academy of Science announced PASIFIC programme competition on research projects, in which I participate in. I prepared an application on an interesting topic, outcomes of which are important especially for constitutional courts - "Human Rights Case Law Development: Strengthening Dialogues between Constitutional Courts". One of the research stages of the 2 years project is the dissemination of the research results among constitutional courts. In this regard I want to ask you about the possibility of confirmation of the research topic significance and your interest in the research results that will be disseminated to you! Best regards, Nazar Stetsyk Fulbright Visiting Researcher at Notre Dame Law School (USA) (2021-) Associate Professor at the Department of Theory and Philosophy of Law, Ivan Franko National University of Lviv (Ukraine), Vice-Dean on Scientific Activity (2018-2021) P.S. Fellowship Proposal – Part B1 Human Rights Case Law Development: Strengthening Dialogue between Constitutional Courts 1.1. The scientific objective consists in studying and disseminating the current human rights developments of constitutional courts, which will contribute to the formation of common human rights standards and strengthen European integration. Modern European case law, both of national and international courts, is developing intensively and dynamically. In particular, it is changing in the field of human rights under the influence of various causes and factors, from technological development, migration processes, global warming to the impact of the COVID-19 pandemic, and so on. The first to face and respond to these new challenges are the national judiciary, and above all the constitutional courts and their equivalents[1]<https://outlook.office.com/mail/sentitems/id/AAQkADE0ZDRkMjFjLTA5MzUtNGQ4OS05YTU2LTgzMjI1Yjc5ZDdlOAAQAAxIY92ANExLv5DKbDIaRyw%3D#x__ftn1>. Given the subsidiary nature of the EU Court of Justice and the European Court of Human Rights activity, they do not always respond in a timely and effective manner to such challenges. The main role in the development of case law in the field of human rights still rests with the national judiciary, especially with the constitutional courts. Over the last five years, European constitutional courts have taken a significant number of judgments that have had a significant impact on the development of human rights. At the same time, in the human rights practice of constitutional courts there are differences and contradictions in resolving like cases, which do not contribute to the uniform human rights insurance and protection[2]<https://outlook.office.com/mail/sentitems/id/AAQkADE0ZDRkMjFjLTA5MzUtNGQ4OS05YTU2LTgzMjI1Yjc5ZDdlOAAQAAxIY92ANExLv5DKbDIaRyw%3D#x__ftn2>. It is common for constitutional courts not to use already established positions in analogous cases of other courts, both foreign and International. These problems are largely due to the weak interaction between the judiciary and the lack of a dialogue between them. Many superior courts are simply unaware of the state and trends of modern human rights practice of their counterparts in other constitutional courts. Another important factor that makes this research project relevant is the spread of so-called "populism" in Central and Eastern European countries. Its consequences also effect the human rights case law changes, that may pose a threat to human rights. As Wojciech Sadurski recently noted on the recent examples of the Constitutional Tribunal of Poland judgement, there have been some very troubling developments in Poland in the field of human rights, especially those with direct implications for the political process[3]<https://outlook.office.com/mail/sentitems/id/AAQkADE0ZDRkMjFjLTA5MzUtNGQ4OS05YTU2LTgzMjI1Yjc5ZDdlOAAQAAxIY92ANExLv5DKbDIaRyw%3D#x__ftn3>. Therefore, determining how current changes in the constitutional courts case law meet human rights standards and the needs of their development requires scientific attention and will also be an important task of this project. ________________________________ [1]<https://outlook.office.com/mail/sentitems/id/AAQkADE0ZDRkMjFjLTA5MzUtNGQ4OS05YTU2LTgzMjI1Yjc5ZDdlOAAQAAxIY92ANExLv5DKbDIaRyw%3D#x__ftnref1> Hereinafter, the term 'constitutional courts' will be used in the common accepted meaning as a court with constitutional jurisdiction, in particular for considering and resolving cases related to the application and interpretation of human rights provisions, and will cover their equivalents, which in some countries are not explicitly called constitutional courts. [2]<https://outlook.office.com/mail/sentitems/id/AAQkADE0ZDRkMjFjLTA5MzUtNGQ4OS05YTU2LTgzMjI1Yjc5ZDdlOAAQAAxIY92ANExLv5DKbDIaRyw%3D#x__ftnref2> Therefore, it is not accidental that latter Conference of the European Constitutional Courts "Human Rights and Fundamental Freedoms: the Relationship of International, Supranational and National Catalogues in the 21st Century" Prague, 26 - 29 May, 2020, was devoted to issues of an interaction of human rights at various levels. [3]<https://outlook.office.com/mail/sentitems/id/AAQkADE0ZDRkMjFjLTA5MzUtNGQ4OS05YTU2LTgzMjI1Yjc5ZDdlOAAQAAxIY92ANExLv5DKbDIaRyw%3D#x__ftnref3> W. Sadurski, Populism and Human Rights in Poland. In G. Neuman (Ed.), Human Rights in a Time of Populism: Challenges and Responses. Cambridge: Cambridge University Press. 2020. P. 79. These trends have been noted earlier in: ‘Constitutional Crisis in the European Constitutional Area: Theory, Law and Politics in Hungary and Romania. Ed. Armin von Bogdandy and Pál Sonnevend. London: Hart/Beck, 2015. 1.3. The research idea and workplan are based on the cooperation with fellow scholars from European countries, with whom I plan to study, summarize, discuss and disseminate the experience of a current human rights case law development of constitutional courts. This research project will cover the following main stages and components of the work plan. Firstly, to study modern human rights case law development, it will be expedient to involve foreign colleagues - experts in the field of human rights and the practice of constitutional courts[1]<https://outlook.office.com/mail/sentitems/id/AAQkADE0ZDRkMjFjLTA5MzUtNGQ4OS05YTU2LTgzMjI1Yjc5ZDdlOAAQAAxIY92ANExLv5DKbDIaRyw%3D#x__ftn1>. Such scholars-experts will be sent a questionnaire in which clear and methodologically verified questions will be formed to obtain the necessary data. I plan to develop such a questionnaire in consultation with our colleagues from the Institute of Polish Legal Sciences and with foreign scholars who have conducted like studies. To do this, I designed several short visits to foreign colleagues who had previously agreed to such meetings and support[2]<https://outlook.office.com/mail/sentitems/id/AAQkADE0ZDRkMjFjLTA5MzUtNGQ4OS05YTU2LTgzMjI1Yjc5ZDdlOAAQAAxIY92ANExLv5DKbDIaRyw%3D#x__ftn2>. At this stage of the study, the necessary information will be collected and pre-processed. Secondly, an important stage of the project will be in-depth analysis and generalization of the collected data. Obviously, this stage will be the most intellectually costly, as it will involve a complex analysis of a large amount of information and identify common trends and prospects for the human rights case law development. Based on the results of this stage, certain preliminary general conclusions and recommendations will be formed and sent to scholars-experts. The next step of a joint discussion of the collected information and the formed general conclusions and recommendations will be significant. First of all, they will be discussed with colleagues from the Institute of Polish Legal Studies and those experts who were involved in the research project. It is also planned to hold a conference, which will involve and report primarily to those experts who filled out the questionnaire and sent information. In further, the dissemination of the results of the study will take place through the preparation and publication of a collective monograph. Scholar-experts, as they will take part in the conference, will be invited to prepare sections for the collective monograph. I plan to prepare an introductory remarks, theoretical-synthesis and a conclusive sections for this monograph. At this stage, the submitted materials will also be collected and edited, the publisher will be searched. It is also planned to hold an event to present such a publication. I also plan to participate in seminars and conferences, to publish 2 scientific articles in which to highlight the results of this study. It will be important to disseminate the results obtained among the constitutional courts, which should be done through the involvement of their respective associations and networks[3]<https://outlook.office.com/mail/sentitems/id/AAQkADE0ZDRkMjFjLTA5MzUtNGQ4OS05YTU2LTgzMjI1Yjc5ZDdlOAAQAAxIY92ANExLv5DKbDIaRyw%3D#x__ftn3>. At the end of the project I plan to do a secondment (internship) at the Constitutional Tribunal of Poland, in particular in those departments that study the practice of foreign constitutional courts, where to present the results of the study and be actively involved in scientific support of its activities. ________________________________ [1]<https://outlook.office.com/mail/sentitems/id/AAQkADE0ZDRkMjFjLTA5MzUtNGQ4OS05YTU2LTgzMjI1Yjc5ZDdlOAAQAAxIY92ANExLv5DKbDIaRyw%3D#x__ftnref1> I have already managed to contact my colleagues and get a positive confirmation of their potential participation in this research project. [2]<https://outlook.office.com/mail/sentitems/id/AAQkADE0ZDRkMjFjLTA5MzUtNGQ4OS05YTU2LTgzMjI1Yjc5ZDdlOAAQAAxIY92ANExLv5DKbDIaRyw%3D#x__ftnref2> [3]<https://outlook.office.com/mail/sentitems/id/AAQkADE0ZDRkMjFjLTA5MzUtNGQ4OS05YTU2LTgzMjI1Yjc5ZDdlOAAQAAxIY92ANExLv5DKbDIaRyw%3D#x__ftnref3> Some associations and networks have already expressed their interest in the results of the implementation of this research project