Τhe procedure for appointing judges was not independent and impartial - Violation of right to a fair hearing (ECtHR)
In its Chamber judgment of 8.11.2021 in the case of Dolińska-Ficek and Ozimek v. Poland (application nos. 49868/19 and 57511/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights. The case concerned complaints brought by two judges that the Chamber of Extraordinary Review and Public Affairs of the Supreme Court, which had decided on cases concerning them, had not been a “tribunal established by law” and 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 on the recommendation of the National Council of the Judiciary (“the NCJ”), the constitutional organ in Poland which safeguards the independence of courts and judges and which has been the subject of controversy s