Supranational rule-of-law accountability pressureInternational / legal accountability
0.65Strengthened
outcomeverifiedconfidence: high
ECtHR rules Poland's Constitutional Tribunal not a 'tribunal established by law' (Xero Flor, 2021)
On 7 May 2021 the European Court of Human Rights, in Xero Flor w Polsce sp. z o.o. v. Poland (application no. 4907/18), held that the participation of an unlawfully elected 'judge-doubler' in the Polish Constitutional Tribunal meant the body was not a 'tribunal established by law', violating Article 6(1) of the European Convention on Human Rights. It was the first international court ruling that the Tribunal's composition was unlawful.
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On 7 May 2021 the European Court of Human Rights, in Xero Flor w Polsce sp. z o.o. v. Poland (application no. 4907/18), held that the participation of an unlawfully elected 'judge-doubler' in the Polish Constitutional Tribunal meant the body was not a 'tribunal established by law', violating Article 6(1) of the European Convention on Human Rights. It was the first international court ruling that the Tribunal's composition was unlawful.
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