Infringement of the right to tribunal established by law

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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).

The Helsinki foundation for Human Rights is actively involved in the process of the execution of the judgment. The organization has submitted its rule 9.2 Communication on 14 October 2022. They have issued the following recommendations:

  • Restoration of the NCJ independence through reform of the procedure for the election of judicial members of the NCJ.

  • Unlawfully appointed persons must not participate in adjudication of individual cases;

  • The status of judgments issued by unlawfully appointed persons must be regulated;

  • Judges who apply standards developed by the ECtHR in Reczkowicz and other judgments must not face disciplinary charges;

  • Domestic authorities must refrain from questioning validity of the Court’s rulings.