ECHR: Poland violated the European Convention on Human Rights

The European Court of Human Rights issued a ruling on Tuesday in the case of Poland's Supreme Administrative Court judge Jan Grzęda.

The case concerned his removal from the National Council of the Judiciary (NCJ) before his term had ended and his inability to get judicial review of that decision.

His removal had taken place in the context of judicial reforms in Poland. The judge's term had been ended under the law put forward by President Andrzej Duda, later adopted by the parliament.

Having no option to appeal the decision, judge Jan Grzęda had filed a complaint at the European Court of Human Rights.

The Grand Chamber of Strasbourg Court said on Tuesday that Poland had violated Article 6 Par. 1 (right to a fair trial) of the European Convention on Human Rights.

The Court considered that the finding of a violation was sufficient just satisfaction for any nonpecuniary damage sustained by the applicant. It awarded 30,000 euros in respect of costs and expenses.

"The Court found in particular that the lack of judicial review had breached Mr Grzęda’s right access to a court. It held that the successive judicial reforms, including that of the NCJ that had affected Mr Grzęda, had been aimed at weakening judicial independence. That aim had been achieved by the judiciary’s being exposed to interference by the executive and legislature," the European Court of Human Rights said.