October 28
2021
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11th May 2021
Human Rights

Op-Ed: “From boars to courts – the landmark ECtHR case Xero Flor v. Poland” by Jakub Jaraczewski

On 7 May 2021, the European Court of Human Rights (ECtHR) handed down the judgment in the landmark case Xero Flor w Polsce sp. z o.o. v Poland (application no.  4907/18) concerning the Polish Constitutional Tribunal. This case is historic for a host of reasons. It is the first time the ECtHR has elaborated on the status of a judge of a constitutional court, finding that such a person was appointed unlawfully and as a result, their participation in ruling in a case caused a violation of Article 6(1) of the European Convention on Human Rights to occur – the right to a fair trial before an independent tribunal established by law. It is the first major ruling of the ECtHR in a case directly related to the backsliding of the rule of law in Po

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