Strasbourg Observers

View posts from: tribunal established by law

  • David Mier Galera

Biliński v. Poland: Judicial review of the involuntary transfers of judges

July 10, 2026

by Dr David Mier Galera In Biliński v. Poland (April 15, 2026), the ECtHR once again defends the independence of Polish judges against arbitrary actions by higher judicial bodies and the National Council of the Judiciary affected by the judicial reform in Poland. The judicial reform in Poland was approved in 2017, but its effects […]

  • Anna Mechlinska

When is a tribunal not a tribunal? Poland loses again as the European Court of Human Rights declares the Disciplinary Chamber not to be a tribunal established by law in Reczkowicz v. Poland.

October 26, 2021

By Anna Mechlinska On July 22, 2021, the European Court of Human Rights (“the Court”) in Strasbourg unanimously found Poland in violation of Article 6, the right to a fair trial, of the European Convention on Human Rights and Fundamental Freedoms (“ECHR”) in the case of Reczkowicz v. Poland (application no. 43447/19). The Court ruled […]

  • Guest Blogger

Strasbourg Court entered the rule of law battlefield – Xero Flor v Poland

September 15, 2021

Barbara Grabowska-Moroz – postdoctoral research fellow at CEU Democracy Institute (Budapest) Introduction More than five years after the rule of law crisis started in Poland, the international court ruled for the very first time that the composition of the Constitutional Tribunal (CT) in Poland is illegal. After numerous rulings of the Court of Justice of […]