Review of European and Comparative Law

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https://hdl.handle.net/20.500.12153/859

The Review of European and Comparative Law (od 1988 do 2018 r. jako The Review of Comparative Law; ISSN 0860-8156) ukazuje się jako czasopismo publikujące w języku angielskim artykuły autorów polskich i zagranicznych.

Review służy jako forum wymiany poglądów w szerszym, międzynarodowym kontekście. Dzięki niemu istnieje również możliwość prezentowania polskiego jurydycznego dorobku naukowego za granicą. Zgodnie z nazwą periodyku, zamysłem redaktorów jest chęć prezentowania instytucji prawnych w perspektywie europejskiej i komparatystycznej.


(English) Review of European and Comparative Law (from 1988 to 2018 as The Review of Comparative Law; ISSN 0860-8156) is a journal publishing articles by Polish and foreign authors, in English. The main purposes of Review of European and Comparative Law:
- to create a forum for exchanging views in a broader international context;
- to present Polish juridical scientific achievements abroad;
- to present legal institutions in a European and comparative perspective.

EDITORIAL TEAM:
Editor in chief:
Andrzej HERBET (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Members of the editorial board:
Marcin BURZEC (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Małgorzata GANCZAR (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Luigi Mariano GUZZO (Università "Magna Graecia" di Catanzaro, Italy)
Milena KLOCZKOWSKA (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Katarzyna MIASKOWSKA-DASZKIEWICZ (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Soraya RODRIGUEZ LOSADA (University of Vigo, Spain)
Robert TABASZEWSKI (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)
Jacek TRZEWIK (Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Poland)

SCIENTIFIC COUNCIL:
Prof. Gabriel Bocksang Hola (Pontificia Universidad Católica de Chile, Republic of Chile)
Prof. Paolo Carozza (Notre Dame Law School, USA)
Ks. Prof. dr hab. Antoni Dębiński (The John Paul II Catholic University of Lublin, Poland)
Prof. Xiangshun Ding (Renmin Law School, University of China, China)
Prof. Dr. Tamás M. Horváth (University of Debrecen, Hungary)
Prof. Miomira Kostić (University of Niš, Republic of Serbia)
Prof. Alfonso Martínez-Echevarría y García de Dueñas (University CEU San Pablo, Spain)
Prof. Carmen Parra Rodriguez (University Abat Oliba CEU, Spain)
Prof. Christoph U. Schmid (University of Bremen, Germany)
Prof. Gianluca Selicato (University of Bari Aldo Moro, Italy)
Prof. dr. Stanka Setnikar-Cankar (Dean of the Faculty of Administration, University of Ljubljana, Slovenia)
Prof. Dr. Dr. h.c. mult. Reinhard Zimmermann (Max-Planck-Institut für ausländisches und internationales Privatrecht Hamburg, Germany)



e-ISSN: 2545-384X
DOI: 10.31743/recl

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Contact:
Review of European and Comparative Law
The John Paul II Catholic University of Lublin
Al. Racławickie 14, 20-950 Lublin, Poland
Konwikt, pok. 114

Główna osoba do kontaktu:
Agata Tkaczyk - review@kul.pl
tel. 81 454 53 40

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Browsing Review of European and Comparative Law by Title

Now showing 1 - 20 of 259
  • Item
    A Bottom-up Look at Mutual Trust and the Legal Practice of the Aranyosi Test
    (Wydawnictwo KUL, 2023) Peristeridou, Christina
    This contribution offers an insight into the legal prac­tice of the Aranyosi test during the EAW proceedings in seven Member States, an outcome of the research conducted during the ImprovEAW Project. Only the executing judicial authori­ties of some Member States do trigger the test. Member States are roughly differentiated between those having facilities with usually bad or usually good detention conditions, promoting antagonistic relationships instead of equal partnership. The lack of streamlining of the communication when supplementary information is requested, the lack of common standards and approach towards guarantees lead to further misunderstand­ings and frustration. The findings of this research have revealed the importance of departing from a pure legal understanding of mutual trust and follow a more empirical, experiential or bot­tom-up concept. Mutual trust is not only a legal concept, but it underpins the legal culture of the cooperation and collegial attitudes of authorities towards one another. This expression of mutual trust remains quite undiscovered: how is miscom­munication affecting mutual trust? Do judicial authorities of legal systems express collegiality to one another? How do cul­tural aspects and preconceived ideas regarding the quality of other legal systems influence mutual trust? Accordingly, some suggestions have been made to improve the cooperation and the establishment of rapport when supplementary information is requested. Finally, I advocate for a more neutral view towards the Aranyosi test. As opposed to considering it as a supervisory mechanism, I have explored the idea of approaching it as a risk management tool: it tackles risks created by mutual trust. Such approach helps both sides to take responsibility to avert ad hoc risks, instead of experiencing Aranyosi as a testing moment. Such approach centres the real problem, i.e. the risks created by mutual trust for individuals and it can stimulate more proactive policy-making in this regard.
  • Item
    A Comparative Analysis of Data Protection in E-commerce B2C Contracts in Georgia and the European Union
    (Wydawnictwo KUL, 2024) Gugava, Nato; Kobaladze, Lika; Kenia, Tamta; Kobakhidze, Oliko
    Development of technologies is a great human achievement. Online portals, mobile applications and digital platforms allow citizens to receive servicies remotely, which, on the one hand, reduces necessity of on-site visits and bureauctratic procedures, however, on the other hand, increases the risk of personal data disclosure processed in such manner. Digital tools play significant role in the process of E-commerce, especially in improving efficiency and accessibility of communication between the consumer and the trader. A lot of people communicate with the extensive use of the internet and technologies, including e-procurement, which, in these relationships require the correct processing of personal data, whereas improper protection of great deal of information increases risks of using data for criminal purposes and threatens personal privacy of consumers. Hence, it is important that organizations providing the internet services, especially those involved in e-commerce business, be well aware of obligations they are imposed by law. It is worth noting, that Law of Georgia “On Personal Data Protection” was adopted by Georgia in 2011, and its renewed version is quite similar to General Data Protection Regulation of Europe (DGPR) – which was adopted on June 14, 2023 and will enter into force on March 1, 2024. Within changes, the existed standard for personal data processing/protection will be substantially improved. As for protecting personal data processed on the basis of the B2C contracts concluded in the process of E-commerce, the interest regarding these topics increased after spread of coronavirus (Covid-19), when country faced new challenges. This issue is relevant even in the present time, since staying current with technological and legal development, renewed legal regulation and Association Agreement between the European Union and Georgia, imposes additional obligations on the country in the process of perfecting the mentioned field. Accordingly, this article will discuss compliance of regulatory framework of processing/protection of Georgian consumers’ personal data in the online contracts with international standards and existing challenges, to assume obligations of the country under the Association Agreement between Georgia and the European Union to implement E-commerce in practice, best practices of European countries in this regard and the perspective, which Georgia should implement in E-commerce process, in order to insure effective protection of consumers’ data security. It is worth noting, that Law of Georgia “On Personal Data Protection” was adopted in 2011 by Georgia, and its renewed version is quite similar to General Data Protection Regulation of Europe (DGPR) – which was adopted on June 14th, 2023 and will enter into force on March 1, 2024. Within changes, the existed standard for personal data processing/protection will be substantially improved. As for protecting personal data processed on the basis of the B2C contracts concluded in the process of E-commerce, the interest regarding these topics increased after spread of Corona Virus (“Covid-19”), when country faced new challenges. This issue is relevant even in the present time, since staying current with technological and legal development, renewed legal regulation and Association Agreement between the European Union and Georgia, imposes additional obligations on the country in the process of perfecting the mentioned field. Accordingly, this article will discuss compliance of regulatory framework of processing/protection of Georgian consumers’ personal data in the online contracts with international standards and existing challenges, to assume obligations of the country under the Association Agreement between Georgia and the European Union to implement E-commerce in practice, best practices of European countries in this regard and the perspective, which Georgia should implement in E-commerce process, in order to insure effective protection of consumers’ data security.
  • Item
    A Critical Analysis of Selected Aspects of Real Estate Taxation in the Context of Recent Legislative Amendments in the Czech Republic
    (Wydawnictwo KUL, 2024) Zelenská, Taťána
    The real estate tax is the sole property tax in the Czech Republic and has been part of its tax system since its establishment, i.e. since January 1, 1993. The Czech Republic has long been recommended by the Organisation for Economic Co-operation and Development (OECD) to increase the collection of this tax because its yield as a share of gross domestic product (GDP) is one of the lowest among all OECD and EU countries. The lower yield is in part attributable to the manner in which the tax base is determined. The Czech Republic, with the exception of a few minor instances, continues to employ the assessment-based rather than the value-based method of determining the tax base. Furthermore, the Czech Republic is encouraged to use the correction elements at the disposal of municipalities to influence the amount of property tax. This article examines the revenue aspect of real estate tax in the Czech Republic, including the determination of the tax base and the use of correction mechanisms. In light of these considerations, it is evident that the development of the Czech real estate tax system has been influenced by a number of factors, including the introduction of one of the most significant amendments to the Real Estate Tax Act in the country’s history. This amendment, known as the consolidation package, was implemented on January 1, 2024 and has had a profound impact on the current legislation.
  • Item
    A Double-Edged-Sword Approach to Fighting Pandemics: Patent Waivers and Incentives to Innovate
    (Wydawnictwo KUL, 2023) Kostka, Katarzyna; Kovač, Mitja
    Although continents recently experienced an apoc­alyptic pandemic that posed a mortal danger to millions of people, a new, even deadlier pandemic could soon emerge… The paper seeks to address the role played by patent waivers and current contractual arrangements in the pharmaceutical indus­try in addressing the dangers caused by the current and future pandemics. The process of waiving patents is explored where it is argued that it sadly cannot amount to the knight in shining armour that everyone has been expecting. Due to the lack of coordination, the tremendously long process, and the potential block in innovation arising from pharmaceutical companies having smaller incentives, more attention must be paid to other alternative institutional solutions. Drawing from the economics literature on innovation in the pharmaceutical sector, a concep­tual framework is proposed for improved legal intervention in the case of patent waivers in international intellectual property law instruments. In addition, the paper provides a comparative law and economics treatment of current patent waivers in US, EU, and international law instruments.
  • Item
    A Global Analysis of Menstruation-Friendly Working Practices Through an Evaluation of International Examples
    (Wydawnictwo KUL, 2025) Solymosi-Szekeres, Bernadett
    Gender equality is a key issue and an important element of basic human rights, especially when it comes to the workplace. Labor laws often fail to address the specific challenges women face, like menstruation and menopause. This study focuses on how menstruation is treated in labor law, with a spotlight on international practices around menstrual leave. It looks at the purpose behind these national legislation-policies, how legal frameworks differ, and how the literature evaluates the function of these institutions. The aim of the paper is to provide useful insights for future lawmakers, social partners, drawing lessons from Spain – the only EU country with such a policy – Japan, Indonesia, Taiwan and other national examples, showing how menstrual leave can support women’s wellbeing at work. The research focuses only on the legal aspects of these menstrual leave policies, which is a very rare aspect in the literature.
  • Item
    A New Legal Framework for Online Platforms in the European Union (and Beyond)
    (Wydawnictwo KUL, 2024) López Richart, Julián
    In the early 2000s, the EU adopted the Electronic Commerce Directive to regulate information society service providers. An important part of this piece of legislation was the safe harbor provisions, which exempted intermediary service providers from liability for illegal content transmitted or hosted by their users, provided that they complied with specific conditions. After more than twenty years, the emergence of significant online platforms and the increased use of those services has resulted in new risks and challenges for individuals, companies, and society as a whole, which led the European Union to adopt a new regulatory framework for intermediary services. The Digital Services Act retains the liability exemption regime of the Electronic Commerce Directive but introduces new transparency and due diligence obligations for intermediary services, especially for online platforms. The new regulatory framework is expected to substantially impact globally, as it applies to all intermediary service providers offering services within the EU, regardless of their location. This study explores the main features of the DSA and their potential effects on the future development of the Internet. The Digital Services Act retains the liability exemption regime of the Electronic Commerce Directive but introduces new transparency and due diligence obligations for intermediary services, especially for online platforms. The new regulatory framework is expected to have a substantial impact globally, as it applies to all intermediary service providers offering services within the EU, regardless of their location. This study explores the main features of the DSA and their potential effects on the future development of the Internet.
  • Item
    Academic Freedom: a Choice Between Conservative or Liberal Perceptions – the Case of the United States
    (Wydawnictwo KUL, 2020-09-01) Maćkowska, Katarzyna
    It is only the minimum extent to which the law becomes the instrument of coping with social tautness regarding the academic freedom. On the one hand, legal provisions significantly limit the number of cases related to hate crimes but on the other, they sometimes narrow a discussion due to difficulties in harmonizing individual’s rights and campuses’ perception - a phenomenon, which in the U.S. had been called as “chilling” the freedom. Undoubtedly, the enactment of free speech or academic freedom regulations at universities is necessary as it helps to prevent from a “hate speech” but the legal shape of this process has been strictly connected to a determination for either liberal or conservative description of the academic freedom. Regarding the newest Niche’s rankings, ten universities have been selected, five out of the most liberal and five the most conservative public ones. Furthermore, two catholic universities have been added to describe differences in defining the academic freedom. Moreover, some references have been made to the U.S. Supreme Court decisions, and the very fundamental documents, namely the 1940 Statement and Harvard Free Speech Guidelines. In the separate article a problem of legislative acts that had been enacted for the past two years in a response to Report of the Committee on Freedom of Expression by the University of Chicago of 2014 will be covered. A few remarks upon this matter have been hereby made, though. The article is based on a dogmatic legal method, including quotations of legal sources and their subsequent analysis.
  • Item
    Access to a Lawyer for a Suspect at Early Stage of Criminal Proceedings and Its Participation in Investigative Acts
    (Wydawnictwo KUL, 2020-06-30) Dzierżanowska, Joanna
    This elaboration is dedicated to analysis of access to a lawyer for a suspect at early stage of criminal proceedings in Polish criminal law in the light of directive 2013/48/EU. In particular, it emphasizes the suspect's right of access to a lawyer during identity parade, confrontation and reconstruction of the scene of a crime. It considers whether the applicable legal provisions of the Polish Code of Criminal Procedure ensure, above all, appropriate scope of the right of the defence for the suspected person in view of the indicated evidentiary activities and whether this scope corresponds to the standards designated by the European Union directive 2013/48/EU.
  • Item
    Access to a Lawyer for Suspects at the Police Station and During Detention Proceedings
    (Wydawnictwo KUL, 2020-06-30) Markiewicz, Tymon
    Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer lays down minimum standards concerning access to a lawyer for suspects and the accused in criminal proceedings, as well as persons subject to the European arrest warrant proceedings. The present article focus on the subject of access to a lawyer at the earliest stage of criminal proceedings – in connection with arrest as well as during proceedings concerning the use of pre-trial detention. Author analyzes in sequence: subjective scope of the right to a lawyer, the right to a lawyer for the person deprived of liberty, confidentiality of communications between the person deprived of liberty and their lawyer. The main statement is that Poland does not meet that standard.
  • Item
    Access to a Lawyer in Proceedings for Minor Offences Under Polish and European Union Law
    (Wydawnictwo KUL, 2020-06-30) Bień-Węgłowska, Iwona
    The Article deals with the opportunity for a suspected person and the passive party in the proceedings for offences to exercise the right of access to a lawyer and the right of legal counsel. The aim of the article is to provide a comparative legal analysis of the provisions of the Code of Procedure in Minor Offences against the background of the EU guarantees under Directives 2013/48/EU and 2016/1919/EU. Directive 2013/48/EU deals with one of the two aspects of the aforementioned right: namely the right of access to a lawyer for suspects and accused persons in criminal proceedings, while the right to legal aid and to state-guaranteed legal assistance in certain circumstances is regulated by Directive 2016/1919/EU.
  • Item
    Achmea, Kramer and Disconnection Clauses. EU Legal Regionalism in Action
    (Wydawnictwo KUL, 2024) Láncos, Petra Lea
    Over the past decades, the European Union has been gradually developing and maintaining legal regionalism within its jurisdiction. Its purpose is to preserve the achievements of integration, as well as the unity and autonomy of EU law. In this paper, I recount the toolbox of EU legal regionalism from primary law, through the case law of the Court of Justice of the European Union, to the institution of the so-called disconnection clauses employed by the EU in certain international treaties, expanding also on their possible effects on international law and the Member States’ relations with third parties.
  • Item
    Actual challenges for the implementation of judgments of the European Court of Human Rights
    (KUL Publishing House, 2022) Jaskiernia, Jerzy
    The author analyzes the problem of the implementation of judgments of the European Court of Human Rights (ECtHR). In light of the European Convention on Human Rights (ECHR), a special role in its control mechanism is played by the Committee of Ministers of the Council of Europe. Despite the measures taken, there have been delays in the execution of judgments or the lack of their implementation for years. The author analyzed this problem in light of the latest reports of the Committee of Ministers and the recommendations of the Parliamentary Assembly. He pointed to the need for greater activity in this process of other bodies of the Council of Europe, including: the Commissioner for Human Rights, the Venice Commission, the CPT, the ECRI as well as institutions of the civil society. In the last decade, the interest of the Parliamentary Assembly of the Council of Europe in this matter has clearly increased. The author postulates that parliamentarians sitting in this body should be more active in this regard in their countries. They have instruments of control on the executive power, which could be used to increase the effectiveness of the execution of the ECtHR’s judgments.
  • Item
    Administration of the Estate under Regulation (EU) No. 650/2012
    (Wydawnictwo KUL, 2021) Górecki, Jacek
    In the period between the deceased person’s death and division of assets in the deceased person’s estate among the heirs, an essential matter is administration of the estate. Persons exercising such administration should have adequate competences allowing them to perform factual and legal acts in relation to assets in the succession estate. The range of such persons and the scope of their competences differ in specific Member States of the EU. The law applicable to the administration of the estate, as well as other matters relating to succession, is currently designated by the Regulation (EU) No. 650/2012. This article is devoted to an analysis of the provisions of that Regulation on the administration of the estate. In addition, the article discusses the issue of qualifying the institution of succession administration as applicable in Poland with regard to an enterprise belonging to the succession estate. As a result of the investigations made, it can be concluded that administration of the estate is governed by the law applicable to the entirety of succession matters (lex successionis). This is the case also in respect of the succession administration recently introduced in Poland. Grounds for a different treatment of the succession administration cannot be found in Art. 30 of Regulation (EU) No. 650/2012.
  • Item
    Admissibility of Evidence Obtained as a Result of Issuing an European Investigation Order in a Polish Criminal Trial
    (Wydawnictwo KUL, 2021) Kuczyńska, Hanna
    This article analyses the admissibility of evidence gathered by the Polish procedural authorities as a result of issuing an European Investigation Order, on the basis of provisions implemented due to the adoption on the 3rd of April 2014 of the Directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters. This Directive created a mechanism that allows for transfer of evidence between EU Member States. In this text, the question will be answered how to deal with results of investigative measures that have been legally obtained in the executing state but, despite acting in accordance with the legality principle by both states, happen to be illegal in the issuing Member State. Another discussed problem is how the rules of admissibility of evidence obtained from the result of issuing an EIO work in Poland – or at least how they should operate. The second discussed issue thus will refer to the current provisions in force in Poland regulating the method of dealing with evidence obtained abroad – that is also with evidence transferred from other Member States. It will be shown that they are unclear and may lead to undesirable results. In addition, suggested changes in Polish law will be proposed.
  • Item
    ADR in Sport on the Example of Association Football in Poland and Ukraine
    (Wydawnictwo KUL, 2023) Sławicki, Piotr; Kryzhanivskyi, Viktor
    The subject of this article is the use of ADR in sports disputes in association football under the Polish and Ukrainian law. Professional and amateur sport generates various types of disputes related to both disciplinary and civil cases, an example of which may be disputes arising during the execution of contracts binding players and football clubs. In the first part, the scope of disputes that are subject to ADR in association football is outlined. The next part presents legal solutions adopted under the Polish law in this respect, of which the activity of the Football Arbitration Court of the Polish Football Association is a particular example. The last chapter is devoted to the Ukrainian perspective on the resolution of disputes in association football.
  • Item
    The Alignment of Taxation and Sustainability : might the Digital Controls of Non-Financial Information Become a Universal Panacea?
    (KUL Publishing House, 2022) Grau Ruiz, Maria Amparo
    There are certain trends that are already affecting –or will soon inevitably affect, the evolution of the tax law everywhere.These are the digitalization processes started by many tax administrations and the current challenges experienced by accounting and auditing institutions to provide reliable non-financial information. Both may offer new opportunities for fairer taxation in the search for sustainable development. In the middle of digital and green transformations, would it be possible to better adjust the tax treatment deserved by the taxpayers in accordance with their real impacts on sustainability? Regional and global organizations are devoting efforts to ensuring some degree of homogeneity in the measures to adopt. The purpose of the following pages is to open the discussions for in-depth research in the future. The dogmatic-legal and analytical methods have been used to supplement the comparative one in carrying out the review of the current state of the art and proposed changes.
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    Applicable Law Concerning Obligations Arising from the Infringements of Personal Data Laws Due to the Use of Artificial Intelligence Systems
    (Wydawnictwo KUL, 2023) Świerczyński, Marek; Więckowski, Zbigniew
    An issue that is characteristic of AI is data processing on a massive scale (giga data, Big Data). This issue is also important because of the proposition to require manufacturers to equip AI systems with a means to record information about the operation of the technology, in particular the type and magnitude of the risk posed by the technology and any negative effects that logging may have on the rights of others. Data gathering must be carried out in accordance with the applicable laws, particularly data protection laws and trade secret protection laws. Therefore, it is necessary to determine the applicable law in line with existing conflict-of-law regulations.
  • Item
    Application of the General Clause of Reasonableness and Criterion of Rationality in Polish Tax Law
    (Wydawnictwo KUL, 2020-12-11) Münnich, Monika
    This paper’s objective is to present two methods of introducing elements of the civil general clause of reasonableness into tax law. One of them is the lawmaking process, the other is the application of law, i.e. the decisions of tax authorities and the jurisprudence of national administrative courts.
  • Item
    Applying Soft-Law Mechanisms and Responsive Regulation Theory to Labor Law: A Case Study of Poland
    (Wydawnictwo KUL, 2024) Sołtys, Karol
    Focusing on selected international experiences, this article explores the role of soft regulation in the context of responsive enforcement of labor law. The analysis aims to answer the main research question of whether there is a method for the effective application of soft regulation in the responsive procedure of enforcing labor law in Polish legislation based on the experiences of Anglo-Saxon countries. Formal-dogmatic and comparative methods were used to address this question. The analysis includes experiences from the Canadian province of Ontario and Australian and British legislators. This article describes the mechanism of using soft regulation in the responsive procedure of enforcing labor law, which enabled the description of potential legal and governmental system consequences of its hypothetical application in Poland. The significant reliance of the responsive regulation model on soft regulation may, among other things, limit the ability of employers to challenge unresponsive treatment by public authorities. It also conflicts with certain constitutional principles, including the exclusivity of statutes and the principle of a democratic legal state. This, in turn, could prevent the implementation of responsive regulation in European legal systems. Finally, this article considers ways to minimise the risk of violating the Polish Constitution while maintaining the flexibility and potential effectiveness of responsive regulation.
  • Item
    Approaches of the ECtHR and the US Supreme Court to the Conflict Between “The Best Interests of the Child and Parents’ Rights” on Home Education (Homeschooling)
    (Wydawnictwo KUL, 2024) Murphy, Peri Uran
    Home education (homeschooling), a practice that has been increasingly popular especially since the Covid-19 pandemic, has recently begun to be discussed again in the academic circles (environment). The main questions revolve around whether homeschooling is an alternative to mainstream school education; whether home education serves the child’s interests better than conventional school education; whether parents’ right to determine the education of their children can be interfered with by the state and what role the state plays in balancing parents’ rights and the children’s best interests regarding home education. This paper outlines the concept of home education and its criticism in general, and then evaluates the question of balancing parents’ rights and the best interests of the child in homeschooling, by taking into account the international instruments that protect the rights of parents and children. In this context, the Convention on the Rights of the Child, as an international human rights treaty that fully recognizes and ensures the rights of children will be looked at in terms of the best interest of the child. The European Court of Human Rights and the US Supreme Court have different approaches to home education practice. In the rest of this paper, home education case law will be analyzed from a comparative perspective. This will be done with reference to the landmark decisions of the European Court of Human Rights and the US Supreme Court in order to understand these two judicial authorities’ approaches to the conflict between the best interests of the child and parents’ rights on homeschooling. In conclusion, evaluations will be provided in line with the jurisprudence of both Courts on cases regarding home education.
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Artykuły publikowane w „Review of European and Comparative Law” dostępne są na licencji Creative Commons: Uznanie autorstwa 4.0 Polska (CC BY 4.0 PL)