Adam Wiśniewski
A professor at the University of Gdańsk who has been conducting research on international law, European law, and human rights protection for many years, an academic lecturer, and a legal advisor with nearly thirty years of experience in the practical application of Polish, European, and international law.
Current Positions:
- Head of the Department of Public International Law at the Faculty of Law and Administration, University of Gdańsk.
- Member of the Advisory Legal Committee to the Minister of Foreign Affairs.
- Chair of the Legal Section of the Space Research Commission at the Polish Academy of Sciences, Gdańsk Branch.
- Chair of the Disciplinary Responsibility Commission for academic teachers, students, and doctoral candidates.
- Member of the Examination Committee for the Bar Application at the Ministry of Justice.
- Expert in the Climate Change Litigation Project.
- Member of the Polish Group of the International Law Association (ILA).
Biography and creation
Adam Wiśniewski is a professor of the University Gdańsk and the head of the Chair of International Public Law, Faculty of Law and Administration, University of Gdańsk. His research focuses on the issues of international protection of human rights, in particular the theoretical analysis of the jurisprudence of the European Court of Human Rights in Strasbourg as well as in the theoretical aspects of the functioning of international courts. He is, inter alia, the author of the monograph “The concept of margin of appreciation in the jurisprudence of the European Court of Human Rights” (Gdańsk 2008), The European Court of Human Rights – between activism and passivism, |Gdańsk 2018, „The Interpretation of the European Convention of Human Rights, Gdańsk 2022 as well as numerous articles on human rights and international law. He completed doctoral studies at the University of Oxford, after which he defended his doctoral dissertation on “Freedom of Speech – a comparative and international law study”.
His post-doctoral thesis (habilitation) entitled “The Concept of the Margin of Appreciation in the Case Law of the European Court of Human Rights” received the first prize in the best habilitation category in the prestigious competition of the “State and Law” magazine in 2010.
He was the member of the Advisory Board of Baltic Area Legal Studies (BALEX), a joint programme of the University of Turku and the Abo Akademi University (Turku/ Abo)”.
He is the Chairman of the legal section of the Space Research Commission at the Polish Academy of Sciences, Branch in Gdańsk.
He is also the expert in the Corporate Climate Litigation Project (2023).
He is the member of the Advisory Committee on Legal Affairs to the Polish Minister of Foreign Affairs.
He has been the legal advisor practicing in Polish and international law as well as human rights from 1996.
Membership in Organizations and Learned Societies
- Member of the Polish Group of the International Law Association (ILA)
- Member of the Advisory Board of Baltic Area Legal Studies (BALEX), a joint program of the University of Turku and Åbo Akademi University (Turku/Åbo) (until 2023)
- Chair of the Legal Section of the Space Research Committee at the Polish Academy of Sciences, Gdańsk Branch
- Member of the Advisory Legal Committee to the Minister of Foreign Affairs
- Member of the Examination Committee for the Attorney Apprenticeship at the Ministry of Justice (2023-2024)
- Chair of the Committee for Disciplinary Responsibility of Academic Teachers, as well as of Students and Doctoral Candidates
Awards and Honors
My habilitation monograph titled The Concept of the Margin of Appreciation in the Jurisprudence of the European Court of Human Rights won first prize in the category of best habilitation in the prestigious Państwo i Prawo journal competition in 2010.
In 2014, I was awarded the Medal of the National Education Commission for outstanding contributions to education and upbringing.
Other Achievements
Obtained a Certificate of Proficiency in English from the University of Cambridge with an “A” grade during my studies at the University of Oxford.
Hobbies
Music (especially creating it) and traveling.
Research Interests
Research topics include international protection of human rights, with a particular focus on the European Convention on Human Rights and the case law of the European Court of Human Rights; theoretical aspects of the functioning of international judiciary; the legitimacy of international courts; judicial dialogue in ensuring the effectiveness of international courts; interpretation of international treaties; and international justice.
Books and Book Chapters
- The Interpretation of the European Convention on Human Rights, University of Gdańsk Publishing, Gdańsk 2021, page number 262 .
- The European Court of Human Rights – Between Activism and Passivism, University of Gdańsk Publishing, Gdańsk 2016, page number 218.
- On Judicial Activism of the European Court of Human Rights, in: Judicial Freedom in International Courts, [electronic document], edited by Anna Wyrozumska, Łódź: Faculty of Law and Administration, University of Łódź, 2014, ISBN: 978-83-937101-1-9.
- Protocol 15 to the European Convention on Human Rights, Gdańsk Legal Studies, 2014, Vol. 32, pp. [403]-414, ISSN: 1734-5669.
- Remarks on the Application of Interpretation Rules Provided by the Vienna Convention on the Law of Treaties by the European Court of Human Rights.
- Freedom of Association and the Limits of Freedom of Conscience and Religion.
- Remarks on the Theory of Interpretation of the European Convention on Human Rights.
- State Security and Human Rights.
- Remarks on the Application of the Margin of Appreciation Doctrine in International Law.
- The Concept of Margin of Appreciation in the Jurisprudence of the European Court of Human Rights.
- Law and Media.
- The Position of the European Court of Human Rights on the Protection of the Right to Life of the Unborn Child.
- The Freedom of Copying Products and its Limits.
- Case Law of the European Court of Justice.
- Polish Penal Law and the Implementation of International Humanitarian Law.
Studies and Articles
- The Protection of Entrepreneurs in the European Convention on Human Rights, “Białystok Legal Studies”, vol. 28, no. 4, 2023, pp. 11-23.
- The European Court of Human Rights and Internet-Related Cases, “Białystok Legal Studies”, vol. 26, no. 3, 2021, pp. 109-133.
- The European Court of Human Rights and Democracy, “Studies on Authoritarianism and Totalitarianism”, No. 4, vol. 42, 2021, pp. 7-29.
- On the Constitutional Character of the Convention for the Protection of Human Rights and Fundamental Freedoms, in: Agnieszka Gajda [et al., eds.], Polish Constitutionalism: Reflections on the Occasion of the 70th Birthday and 45th Anniversary of the Academic Work of Professor Andrzej Szmyt, 2020, pp. 584-596.
- The European Court of Human Rights as the Constitutional Court of Europe?, “Law and Bond”, No. 4 (34), pp. 320-347.
- The Impact of the European Convention on Human Rights on the Polish Legal System, “Polish Review of International and European Law”, vol. 9, no. 1, 2020, pp. 153-184.
- Proportionality and Fair Balance in the Case Law of the European Court of Human Rights, “Gdańsk Legal Studies”, No. 2, 2019, pp. 57-70.
- On the Theory of Margin of Appreciation Doctrine.
- The Significance of the Principle of Consensus in Shaping European Human Rights Standards.
- Problems of Interpretation of the European Convention on Human Rights.
- Strasbourg Case Law and the Specificity of the Implementation Process of the European Convention on Human Rights in Central and Eastern European Countries.
- Protocol 14 to the European Convention on Human Rights.
- On the History of the European Convention on Human Rights.
- On the Concept of Margin of Appreciation in Strasbourg Jurisprudence.
- Philosophy and Theory of Human Rights – Selected Issues.
- The Right of Access to a Court and the Requirement of Court Fees in Light of the Judgments of the European Court of Human Rights in Cases Against Poland.
- Autonomous Interpretation in the Jurisprudence of the European Court of Human Rights.
- Strasbourg Case Law of the European Court of Human Rights in Polish Cases Concerning the Alleged Violation of the Right to Respect for Private and Family Life (Article 8 ECHR).
- Strasbourg Case Law of the European Court of Human Rights in Polish Cases Concerning the Alleged Violation of the Right to Freedom of Thought, Conscience, and Religion (Article 9 ECHR).
- Strasbourg Case Law in Cases Against Poland Concerning Article 10 of the European Convention on Human Rights.
- Freedom of Expression in the European Convention on Human Rights in Light of Complaints Directed Against Poland.
- Freedom of Assembly and Association in the European Convention on Human Rights in Light of Complaints Directed Against Poland.
- Evolutionary Interpretation of the European Convention on Human Rights and Fundamental Freedoms of 1950.
- Prohibition of Torture in the European Convention on Human Rights in Light of Complaints Directed Against Poland.
- On the Interpretation of the European Convention on Human Rights.
- Strasbourg Case Law in Cases Against Poland Concerning Article 10 of the European Convention on Human Rights.
- The Polish Constitutional Complaint and the European Convention on Human Rights.
- Legal Aspects of Product Imitation in Economic Transactions.
- The Evolution of Control Over the Exercise of Freedom of Speech in Poland.
- The Requirement of Lawfulness of Restrictions on Rights and Freedoms in Light of the Jurisprudence of the European Court of Human Rights.
- The Importance of Freedom of Speech in a Democratic State.
- Media and Local Government.
Selected publications
- The Interpretation of the European Convention on Human Rights, Gdańsk 2021, pp. 262;
- The European Court of Human Rights – Between Activism and Passivism, Gdańsk 2016, pp. 218;
- The Margin of Appreciation Doctrine in the Jurisprudence of the European Court of Human Rights, Gdańsk 2008;
- The Protection of Entrepreneurs in the European Convention on Human Rights, Białostockie Studia Prawnicze, vol. 28, no. 4, 2023;
- The European Court of Human Rights and Internet-Related Cases, Białostockie Studia Prawnicze, vol. 26, no. 3, 2021;
- The European Court of Human Rights and Democracy, Studia nad Autorytaryzmem i Totalitaryzmem, no. 4, vol. 42, 2021;
- On the Constitutional Nature of the Convention for the Protection of Human Rights and Fundamental Freedoms, [in:] Agnieszka Gajda [et al., eds.] “Polish Constitutionalism: Reflections on the Occasion of the 70th Birthday and 45th Anniversary of the Scientific Work of Professor Andrzej Szmyt”, 2020;
- The European Court of Human Rights as the Constitutional Court of Europe?, Prawo i Więź, no. 4 (34);
- The Impact of the European Convention on Human Rights on the Polish Legal System, Polish Review of International and European Law, vol. 9, no. 1, 2020;
- Proportionality and Fair Balance in the Jurisprudence of the European Court of Human Rights, Gdańskie Studia Prawnicze, no. 2, 2019, pp. 57-70.
