Kopcha V. Human rights function of Central European states: theoretical and comparative legal aspects

The author proposes a concept according to which the human rights function of the state is a priority state activity aimed at protecting the institutional order, which is based on the constitutional principles of the rule of law, respect for human rights and democracy. It is emphasized that in the states of Central Europe, as in the whole European tradition, the concepts of the rule of law and the so-called substantive rule of law are combined in values reflected in constitutional principles aimed at limiting public power (separation of powers, respect for human rights). From this understanding follows the place of the judiciary (justice) in the state, which must attest to the real separation of powers, as well as the real ability of the judiciary to limit the discretionary powers of the legislature and executive and thus guarantee protection from arbitrariness. This is real only if the court (and justice procedures) are independent of other branches of government. A common trend for all of these states is to understand that, given the nature of the powers of the prosecution, which are aimed at protecting the rule of law and human rights, they must be exercised effectively and impartially.