Monitor Prawniczy

no. 9/2017

Rules of enforcement proceedings in light of the ECHR caselaw

Michał Sehn
Doktorant w Instytucie Nauk Prawnych PAN.
Abstract

Laws should be interpreted on the basis of legal principles common to all branches of law and functioning in a given field of law. As a part of formal civil law, the civil enforcement proceedings are not an exception. However, the doctrine of procedural civil law does not provide a uniform list of principles to be followed in enforcement as some of its representatives highlight the principles that overgeneralized, while other the principle that are overspecific. An institution that strives to present a balanced catalogue of these principles is the European Court of Human Rights in Strasbourg (ECHR). The article presents the achievements of the ECHR with regard to the principles of civil enforcement proceedings on the example of around a dozen of its judgments.