# ECtHR rules Poland's Constitutional Tribunal not a 'tribunal established by law' (Xero Flor, 2021)

Date: 2021

On 7 May 2021 the [European Court of Human Rights](/organizations/justice-ecthr), 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](/organizations/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.

## Drivers

- Supranational rule-of-law accountability pressure: https://factrail.ai/drivers/justice-supranational-accountability-pressure
- Judicial independence erosion (court capture): https://factrail.ai/drivers/justice-judicial-independence-erosion

## Sources

_Sources are listed on the canonical page._

## Methodology

https://factrail.ai/methodology

Canonical: https://factrail.ai/facts/justice-ecthr-xero-flor-poland-2021