CHRONIC USE OF PRE-TRIAL DETENTION AS A SYSTEMIC PROBLEM IN POLAND – COMMENTS DE LEGE LATA AND DE LEGE FERENDA IN LIGHT OF ECTHR JURISPRUDENCE

<ns3:p>This article was inspired by the author’s professional experience, where she has repeatedly encountered the issue of prolonged use of pre-trial detention as a preventive measure in her work. The aim of the text is to demonstrate that the prolonged use of pre-trial detention represents a systemic problem in Poland, which, despite numerous judgments by the European Court of Human Rights (ECtHR) in cases against Poland, has not been addressed in any meaningful way. In addition to analyzing individual ECtHR rulings, the article also includes comments de lege lata and de lege ferenda, aiming to highlight the various factors contributing to the extended use of pre-trial detention by legal authorities.</ns3:p>