Approaches

Joint project of the Department of Polish Public Law at the European University Viadrina and the Department of Human Rights at the University of Warsaw. Under the aegis of the Embassy of Federal Republic of Germany in Warsaw and the Embassy of Republic of Poland in Berlin.

 

Both in the Federal Republic of Germany and in the Republic of Poland all fundamental rights are understood as part of a given “objective system of values”. Fundamental rights thus form normative political decisions, which do not only bind the legislator, but also constitute a fundamental system of values influencing all branches of law. In that sense fundamental rights and the values they represent significantly shape not only the legal system, but also all social and cultural areas. Moreover, this “objective system of values” affects the constitution of the economic and political sphere and governmental institutions. Therefore, the fundamental system of values positively determines the general direction of governmental activities, facilities and state authority.

The main approach of this research is a comparative examination of German and Polish fundamental rights jurisdiction. This is done through emphasizing similarities as well as observing tendencies in the technical literature and judicature of both countries. The legal similarities lead to the conclusion that the order of fundamental rights in both countries also contributes to a constructive dialogue between both nations.

Apart from the main approach, the research project contains following aspects:

  • German and Polish conference with the participation of constitutional judges on 1st and 2nd March 2012 at the European University Viadrina
  • German-Polish Summer School for German and Polish junior scientists, summer 2012
  • European conference, spring 2013, University of Warsaw
  • Strengthening and supporting the rule of law and good governance in South East Asia through integrating the German- Southeast Asian Center of Excellence for Public Policy and Good Governance in the project

 

 

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Forschungsprojekt / projekt badawczy