09 May 2021
What Should and What Will Happen After Xero Flor
On 7 May 2021, the European Court of Human Rights issued a judgment in a case concerning irregularities in the personal composition of the Polish Constitutional Tribunal. The ECtHR found a violation of “the right to a tribunal established by law” due to fact that the decision on the discontinuation of the proceedings concerning a constitutional complaint filed by a Polish company was issued by the Constitutional Tribunal with the participation of a person who was unlawfully elected to the position of judge. The said judgment is the first ruling of an international body finding that the irregularities in the functioning of the Polish Constitutional Tribunal violate international law. Continue reading >>
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