NĚMEČEK v. THE CZECH REPUBLIC
Doc ref: 54022/18 • ECHR ID: 001-193416
Document date: April 29, 2019
- Inbound citations: 0
- •
- Cited paragraphs: 0
- •
- Outbound citations: 5
Communicated on 29 April 2019
FIRST SECTION
Application no. 54022/18 Libor NÄšMEÄŒEK against the Czech Republic lodged on 8 November 2018
SUBJECT MATTER OF THE CASE
The applicant lodged a constitutional complaint against earlier decisions issued in his case. He also raised an objection of bias with respect to two different judges of the Constitutional Court, sitting in the chamber to which his case was assigned. The application concerns an alleged violation of the right of access to a court and the right to have the case heard by an impartial tribunal on account of the alleged failure of the Constitutional Court to address one of the objections of bias raised by the applicant (Article 6 § 1 of the Convention) .
QUESTION S tO THE PARTIES
1. Has the Constitutional Court ’ s alleged failure to address the objection of bias raised by the applicant against one of the judges sitting in the chamber deciding on the applicant ’ s constitutional complaint amounted to a violation of the applicant ’ s right of access to a court (see Pelevin v. Ukraine , no. 24402/02, §§ 28-32, 20 May 2010; Kardoš v. Croatia , no. 25782/11, §§ 57-58, 26 April 2016; Šimecki v. Croatia , no. 15253/10, §§ 46-48, 30 April 2014 ) ?
2. Has the Constitutional Court ’ s alleged failure to address the objection of bias raised by the applicant against one of the judges sitting in the chamber deciding on the applicant ’ s constitutional complaint amounted to a violation of the applicant ’ s right to have his case heard by an impartial tribunal (see Mežnarić v. Croatia , no. 71615/01, § 27, 15 July 2005)?
LEXI - AI Legal Assistant
