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Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR

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Bibliographic Details
Main Author: Szwed, Marcin
Format: Book
Language:English
Published: Springer 2023
Subjects:
ECHR
NCJ
Online Access:https://link.springer.com/article/10.1007/s40803-023-00191-3
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9115
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spelling oai:localhost:PNK-91152023-09-20T08:35:46Z Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR Szwed, Marcin ECHR NCJ CC-BY This article seeks to answer the question of how to deal with the problem of unlawful judicial appointments in Poland in a way consistent with the European Convention on Human Rights (ECHR). According to the Polish Constitution, appointments of judges are made upon the request of the National Council of the Judiciary (NCJ). After controversial reforms in 2017, this body lost its independence from politicians. In the four judgments issued so far, the European Court of Human Rights (ECtHR) ruled that appointments of Supreme Court judges made upon the request of politicised NCJ were burdened with manifest violation of domestic law and, as a result, panels of courts composed of persons appointed in this way were not ‘tribunal established by law’. Arguably, this conclusion may be extended to other judges appointed in the same way. 2023-09-20T08:35:46Z 2023-09-20T08:35:46Z 2023 Book https://link.springer.com/article/10.1007/s40803-023-00191-3 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9115 en application/pdf Springer
institution Digital Phenikaa
collection Digital Phenikaa
language English
topic ECHR
NCJ
spellingShingle ECHR
NCJ
Szwed, Marcin
Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR
description CC-BY
format Book
author Szwed, Marcin
author_facet Szwed, Marcin
author_sort Szwed, Marcin
title Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR
title_short Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR
title_full Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR
title_fullStr Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR
title_full_unstemmed Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR
title_sort fixing the problem of unlawfully appointed judges in poland in the light of the echr
publisher Springer
publishDate 2023
url https://link.springer.com/article/10.1007/s40803-023-00191-3
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9115
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score 8.881002

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