Krytyka Prawa. Niezależne studia nad prawem

Ochrona praw podatników w świetle orzecznictwa Europejskiego Trybunału Praw Człowieka w Strasburgu

Mudrecki, Artur

Akademia Leona Koźmińskiego

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Abstract

One of the most effective systems of protection of human rights is the system defined in the European Convention of Human Rights. Until 2010, the European Court of Human Rights had rarely handled tax cases because, in principle, it excluded this category of cases from its jurisdiction in the field of the protection of taxpayer rights. Such cases had always been qualified – in accordance to the requirements of Article 6 of the European Convention on Human Rights – as criminal or civil (property-related) cases. A major change in the ECHR’s approach to cases featuring tax-related aspects occurred in 2011. Given the protection of the right to property as set out in Protocol No. 1, the ECHR ranted taxpayers protection related to the return of value added tax in situations in which the taxpayer fulfilled their record-keeping obligations. The adopted trend in the issued decisions is seen to be dominant, but to be considered grounded, a greater number of ECHR judicial decisions than at present is needed. There is no doubt that the new tendency in the judicial decisions issued by the ECHR may have a major impact on the decisions issued by administrative courts in Poland.

Metadata

Journal Krytyka Prawa. Niezależne studia nad prawem 
Volume 12 
Issue 1 
Issue date 3/2020 
Type Article 
Language pl
Pagination 132–148
DOI 10.7206/kp.2080-1084.366
ISSN 2080-1084
eISSN 2450-7938