18 August 2022
Testing judicial independence
Despite the recent abolition of the Disciplinary Chamber, the crisis in the Polish judiciary is still far from resolved. The main reason for this is that the status of judges appointed at the request of the National Council of the Judiciary have not yet been addressed. As a result of the lack of a systemic solution, the problem of irregular judicial appointments must be dealt with by courts in concrete cases. For that purpose, the Supreme Court developed a test aimed at determination of the impact of irregularities in the appointment of judges on the legality of the composition of the court. The most recent amendment to the Act on the Supreme Court introduced a new test and raises serious concerns. Continue reading >>
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11 Februar 2022
When Is a Court Still a Court?
On 3 February 2022, the European Court of Human Rights (ECtHR) issued a judgment in the case of Advance Pharma sp.z o.o. against Poland. This is another judgment on the irregularities in the appointments of judges to the Polish Supreme Court, in which the ECtHR confirmed its previous rulings. But it also touched on several implications of its conclusions for the Polish judiciary. It suggests that they may be relevant for ordinary courts in Poland as well and that Polish authorities should ensure the possibility to reopen proceedings in certain situations. Continue reading >>
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29 Juli 2021
Hundreds of judges appointed in violation of the ECHR?
On 22 July 2021, the European Court of Human Rights issued its third judgment concerning the rule of law crisis in Poland. In Reczkowicz v. Poland the Court ruled that the Disciplinary Chamber which dismissed the cassation complaint of the applicant did not meet the standard of a “right to a court established by law” guaranteed under Article 6 § 1 the Convention. The judgment is important not only because the ECtHR reviewed the status of the Disciplinary Chamber – a controversial body that was also the subject of a recent CJEU judgment – but also because it seems that the reasoning of the Court can be applied to hundreds of other newly appointed judges. Continue reading >>09 Mai 2021
What Should and What Will Happen After Xero Flor
On 7 May 2021, the European Court of Human Rights issued a judgment in a case concerning irregularities in the personal composition of the Polish Constitutional Tribunal. The ECtHR found a violation of “the right to a tribunal established by law” due to fact that the decision on the discontinuation of the proceedings concerning a constitutional complaint filed by a Polish company was issued by the Constitutional Tribunal with the participation of a person who was unlawfully elected to the position of judge. The said judgment is the first ruling of an international body finding that the irregularities in the functioning of the Polish Constitutional Tribunal violate international law. Continue reading >>
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