Cauza Grzęda împotriva Poloniei. Lipsa accesului la instanță în cazul încetării înainte de termen a mandatului unui judecător, membru al Consiliului Național al Magistraturii
Grzęda v. Poland case. Lack of access to court in the event of early termination of a judge's mandate, member of the National Council of the Magistracy
Author(s): Răzvan-Horaţiu RaduSubject(s): Law, Constitution, Jurisprudence, Civil Law, Court case
Published by: Universul Juridic
Keywords: independence of the judiciary; right of access to court; member of the National Council of Magistracy; judge; termination of a judge's term prematurely;
Summary/Abstract: In the present case, the Court examines, in the light of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the situation of a Polish judge elected as a member of the National Council of Magistracy whose term of office ended 2 years before the deadline legislative changes. Applying the criteria developed together with the judgment of Vilho Eskelinen, the Court's conclusion was that in this case Article 6 of the Convention is applicable and has been violated because the applicant has not had an opportunity to challenge in court how his term of office ended prematurely.
Journal: Revista Pro Lege
- Issue Year: 2022
- Issue No: 2
- Page Range: 203-208
- Page Count: 6
- Language: Romanian