Poland: ICJ and Amnesty International intervene before European Court in case of two removed court’s vice-presidents

The ICJ and Amnesty International have submitted a joint third party intervention before the European Court of Human Rights in the case of Judges Mariusz Broda and Alina Bojara.

The case concerns the premature termination of their mandates as vice-presidents of the regional tribunal of Kielce in Poland. The two judges, that had been appointed to six-year terms in 2014, had their position revoked by the Minister of Justice in 2018.

The revocation was based on article 17.1 of the Law of 12 July 2017 modifying the Law on the Judicial System. This provision, presented and approved by the ruling Law and Justice Party (PiS), gave the Minister of Justice the power to revoke courts’ presidents and vice-presidents without justified grounds and with no possibility of appeal.

The two judges applied to the European Court of Human Rights alleging that they had been denied access to a tribunal to challenge the termination of their mandate .

In their third party intervention, the ICJ and Amnesty International analyze international standards on judicial independence, including as regards the role court presidents and vice-presidents, and the consequences of these standards for the right of access to court under Article 6.1 ECHR. The intervention also analyses the recent legislative and policy developments that have seriously undermined the independence of the Polish judiciary.

Read the full intervention here: Broda_v_Poland-AmicusCuriae-ICJ&AI-Cases-2020-ENG.

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