Information Note on the Court’s case-law 249
March 2021
Grzęda v. Poland (relinquishment) - 43572/18
Article 6
Civil proceedings
Article 6-1
Access to court
Legislative reform leading to premature termination of applicant’s mandate as member of the National Council of the Judiciary: relinquishment in favour of the Grand Chamber
In 2016, the applicant was elected a member of the National Council of the Judiciary (NCJ) for a four-year term. The NCJ is a constitutional organ charged with safeguarding the independence of courts and judges. It has adopted opinions critically assessing a number of the Government’s proposed legislative reforms of the judicial system and pointing out the risks posed by them to the independence of the judiciary.
The following year, the Government announced plans for a large-scale judicial reform, including in relation to the NCJ. In January 2018, legislation entered into force, providing that the mandates of the judicial members of the NCJ, elected on the basis of the previous applicable legislation, would continue until the day preceding the beginning of the term of office of the new NCJ members. Less than two months later, new members of the NCJ were elected and the applicant’s mandate was ex lege prematurely terminated. He did not receive any official notification regarding the termination.
In the Convention proceedings, the applicant complains that he was deprived of access to a tribunal and to any (other) procedure whereby he could contest the termination of his mandate as a member of the NCJ, in breach of Articles 6 § 1 and 13, respectively.
On 9 February 2021 a Chamber of the Court relinquished jurisdiction in favour of the Grand Chamber.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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