Poland Must Take Rapid Action to Resolve the Lack of Independence of The National Council of the Judiciary
GHRTV Reporter
18 – 11 – 2021
Alessandro Di Pietrantonio
International Justice and Human Rights Researcher,
Global Human Rights Defence.
In the case of Dolińska-Ficek and Ozimek v. Poland, the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 (right to a fair hearing) of the European Convention on Human Rights. Two judges complained that the Chamber of Extraordinary Review and Public Affairs of the Supreme Court, which had decided on cases concerning them, had lacked impartiality and independence. They complained in particular that the Chamber of Extraordinary Review and Public Affairs, one of two newly created chambers of the Supreme Court, had been composed of judges appointed by the President of Poland and on the recommendation of the National Council of the Judiciary (NCJ). The Court found that the procedure for appointing judges had been unduly influenced by the legislative and executive powers and for this reason, the Chamber of Extraordinary Review and Public Affairs was not an independent and impartial tribunal established by law within the meaning of the European Convention. The Court found the violation of the applicants’ rights originated in the amendments to Polish legislation which enabled the executive and the legislature to interfere directly or indirectly in the judicial appointment procedure, thus systematically compromising the legitimacy of a court composed of the judges appointed in that way. Poland has a legal obligation under Article 46 of the Convention to take appropriate measures in its domestic legal order to put an end to the violation found by the Court and to redress the situation.
Sources and further reading:
Press Release - Poland must take rapid action to resolve the lack of independence of the National Council of the Judiciary, HUDOC, 8 November 2021
