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The court ruling is a blow to the judicial reforms implemented by the Polish government, which critics, including European commision (EC) is considered a threat to the independence of the judiciary.
The reforms achieved by the Polish ruling law and justice party include a law that gives the Minister of Justice the right to hire and dismiss the heads of courts of general jurisdiction. These judges coordinate the work of the courts and perform administrative duties.
Under the new rules, Judges Marjušs Broda and Alina Bojara were dismissed as Vice-Presidents of the Kielce Regional Court before the six-year term of office expired. They were not explained the reason for the dismissal and were not given the opportunity to challenge the decision.
The European Court of Human Rights concluded that Poland had violated the right of access to justice for these girls, as the decision to dismiss them early was not reviewed by any court or other institution.
The European Court of Human Rights has ruled that Poland must pay each judge EUR 20,000 in compensation for the damage suffered. Both parties may appeal against the court’s decision within three months.
Polish Ministry of Justice stated that it would analyze the court ruling and comment on it shortly.
“We respect the judiciary, but we are implementing our programs, including judicial reform, according to our timetable,” Polish Prime Minister Matthew Moravecki told a news conference.
Polish Justice Minister Zbigniew Zjobro fired more than 150 court presidents and vice-presidents in six months in 2017 and 2018, according to information released by Poland’s largest association of judges, Iustitia.
The European Court of Human Rights concluded in May that a Polish company had been denied the right to a proper hearing due to the illegal appointment of a judge of the Constitutional Court, thus paving the way for challenging the decisions of the Polish Supreme Court.
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