Reczkowicz v. Poland (Application no. 43447/19)

Briefed on 28 November, 2022

This case concerns an infringement of the right to tribunal established by law, due to the fact that the judges of the Disciplinary Chamber in the Supreme Court that dismissed the applicant’s cassation appeal against disciplinary penalty in 2019 were appointed in a deficient judicial appointment procedure involving the National Council of the Judiciary lacking independence from legislature and executive (violation of Article 6 of the Convention).

• Judgment of the European Court of Human Rights

• Communication from Helsinki Foundation for Human Rights

• Power point presentation by Marcin Szwed, HFHR

Broda and Bojara v. Poland (Application no. 26691/18)

Briefed on: November 28, 2022

This case concerns an infringement of the right to access to the court on account of the premature termination of the applicants’ term of office as vice presidents of a regional court on the basis of temporary legislation in force between 12 August 2017 and 12 February 2018, which did not allow for examination either by an ordinary court or by another body exercising judicial duties.

• Judgment of the European Court of Human Rights

• Communication from Helsinki Foundation for Human Rights

• Power point presentation by Marcin Szwed, HFHR

Xero Flor W Polsce SP. Z.O.O. v. Poland (Appliction no 4907/18)

Briefed on: November 28, 2022

This case concerns an infringement of the applicant company’s right to a fair hearing due to the domestic courts' failure to examine its argument that secondary legislation limiting its right to compensation was unconstitutional. It also concerns the infringement of the applicant company’s right to a tribunal established by law due to the participation of Judge M.M. in the Constitutional Court’s panel that rejected its constitutional complaint.

• Judgment of the European Court of Human Rights.

• Communication by Helsinki Foundation for Human Rights

• Powerpoint presentation by Marcin Szwed, Helsinki Foundation for Human Rights

P. and S. v Poland (Application No 57375/08)

Briefed on: 26 February 2021, 21 February 2020, 25 February 2019, and 10 September 2018

The 2012 judgment in the case of P. and S. v. Poland (application no. 57375/08) is one of three important decisions of the European Court of Human Rights (ECtHR) concerning access to legal abortion in Poland, together with the Tysiac v Poland (Application Nr 5410/03) and R.R. v Poland (Application Nr 27617/04) cases.

In all three cases, the ECtHR ruled that the rights of the applicants were violated because of the practical difficulties they experienced in exercising their right to legal abortion.

Documents from the 2021 briefing:

• Power point by Jarosław Jagura, Helsinki Foundation for Human Rights

• Rule 9.2 submission by the Helsinki Foundation for Human Rights (February 2021)

• Rule 9.2 submission by the Centre for Reproductive Rights and the Federation for Women and Family Planning (January 2021)

• Addendum to the submission by the Centre for Reproductive Rights and the Federation for Women and Family Planning (February 2021)

Documents from the 2020 briefing:

• Power point presentation by Adriana Lamačková, Senior Legal Consultant for Europe, Centre for Reproductive Rights, and Kamila Ferenc from the Federation for Women and Family Planning

• Main recommendations from these organisations on the cases

• Rule 9.2 submission by the Centre for Reproductive Rights and the Federation for Women and Family Planning, January 2020

• Communication from an NGO (Helsinki Foundation for Human Rights) (05/02/2020) in the cases of R.R., TYSIAC and P. and S. v. Poland (Applications No. 27617/04, 5410/03, 57375/08) and reply from the authorities (19/02/2020)