Information Note on the Court’s case-law 241

June 2020

Reczkowicz and Others v. Poland (communicated case) - 43447/19, 49868/19 and 57511/19

Article 6

Civil proceedings

Disciplinary proceedings

Article 6-1

Impartial tribunal

Independent tribunal

Tribunal established by law

Alleged lack of independence of the Supreme Court: communicated

The first applicant, Ms Reczkowicz, is a barrister. She was suspended for t hree years following several incidents when she was representing a client. She appealed the decision before the courts. Her case was ultimately dismissed in 2019 by the Disciplinary Chamber of the Supreme Court, one of the two new chambers created followin g the changes to the judiciary.

The other two applicants are district and regional court judges who applied for posts elsewhere. The NCJ decided not to recommend their candidatures in 2018 and they lodged appeals with the Supreme Court. The Chamber of Extraordinary Control and Public Aff airs, the other newly created chamber following the changes to the judiciary, gave judgment in the judges’ cases in 2019.

Relying on Article 6, all the applicants complain that the chambers of the Supreme Court which examined their cases did not constitute an “independent and impartial tribunal established by law” because they were composed of judges recommended by the NCJ. They referred in particular to proceedings before the Court of Justice of the European Union which ended in a ruling of 19 November 201 9 (see Information Note 234 ) and subsequent rulings by the Polish Supreme Court finding that the judges of the Supreme Court appointed in the procedure involving the NCJ were not a court c onstituted in accordance with domestic law. The second two applicants additionally allege that the NCJ, which dealt with their cases, was not an independent and impartial authority, pointing out in particular various procedural and legal controversies arou nd it.

Communicated under Article 6 § 1 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

Click here for the Case-Law Info rmation Notes