Published on 19 April 2022
FIRST SECTION
Application no. 21998/21
Małgorzata FRĄCKOWIAK-MITURA against Poland
and 3 other applications
(see list appended)
communicated on 31 March 2022
SUBJECT MATTER OF THE CASE
The applicants are judges who applied for a vacancy at the Słupsk Regional Court published on 5 March 2018 in the Monitor Polski – Official Gazette of the Republic of Poland. On 22 November 2018 the National Council of the Judiciary (the “NCJ”) decided not to recommend the applicants for the judicial posts (resolution no. 576/2018). The applicants appealed to the Supreme Court against the NCJ resolution. On 21 July 2020 the Chamber of Extraordinary Review and Public Affairs of the Supreme Court dismissed their appeals in one single ruling (case no. I No 50/19). The decision was notified to the applicants on 21 October 2020.
The applicants complain that their cases were examined by the Chamber of Extraordinary Review and Public Affairs of the Supreme Court which was not an “independent and impartial tribunal established by law” within the meaning of Article 6 § 1 of the Convention.
QUESTION TO THE PARTIES
Was the Chamber of Extraordinary Review and Public Affairs of the Supreme Court which dealt with the applicants’ cases an “independent and impartial tribunal established by law” as required by Article 6 § 1 of the Convention?
Reference is made to the Court’s judgments in Dolińska-Ficek and Ozimek v. Poland, nos. 49868/19 and 57511/19, 8 November 2021, §§ 283-359 and Guðmundur Andri Ástráðsson v. Iceland [GC], no. 26374/18, 1 December 2020, §§ 205-290.
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
21998/21
Frąckowiak-Mitura v. Poland
21/04/2021
Małgorzata FRĄCKOWIAK-MITURA
1971
Lębork
Polish
Kinga Dagmara SIADLAK
2.
22918/21
Hetnarowicz-Sikora v. Poland
20/04/2021
Joanna HETNAROWICZ-SIKORA
1978
Kobylnica
Polish
Kinga Dagmara SIADLAK
3.
24398/21
Odelski v. Poland
21/04/2021
Hubert ODELSKI
1971
Ustka Przewłoka
Polish
Kinga Dagmara SIADLAK
4.
25545/21
Zielonka v. Poland
21/04/2021
Tomasz ZIELONKA
1973
Słupsk
Polish
Kinga Dagmara SIADLAK