Poland: joint third party intervention in the case of Jan Grzęda v Poland

The ICJ and Amnesty International have submitted a joint third party intervention before the European Court of Human Rights in the case of Judge Jan Grzęda.

Judge Grzęda’s mandate as a member of the Polish National Council of the Judiciary (NCJ) was prematurely terminated by legislation that entered into force in 2018. Under this law, the mandates of the judicial members of the NCJ appointed under previous legislation were automatically brought to an end once new members were appointed.

Judge Grzęda applied to the European Court of Human Rights alleging that he had been denied access to a tribunal to challenge the termination of his mandate and had been denied an effective remedy for the violations of his rights.

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

Read the full intervention text here.