The right to a tribunal established by law and the judicial appointment procedure: new developments through the ECHR and the CJEU’s case-law. Its application in the case of Poland

  • María Valle Camacho University of Córdoba, Spain
DOI: https://doi.org/10.18543/ced.2700
Keywords: Rule of Law, Poland, right to a tribunal established by law, procedure of appointment, judicial independence

Abstract

This work analyses how the Rule of Law in Poland has declined since the elections held in the country in 2015, in which the ultraconservative party Law and Justice obtained the majority in both legislative chambers and reached the Government. Since then, this situation has allowed the party to modify the law, so that it ended up affecting the judicial independence in the country. Among other factors, the modification in the composition of the Constitutional Tribunal and the Supreme Tribunal or the politization of the National Council of the Judiciary, which is the constitutional organ responsible for the judicial appointments in Poland, contributed to this deterioration of the Rule of Law. In this scenario, a reaction in form of dialogue between the CJEU and the ECHR appears, and both Tribunals quote each other through their judgements developing the concept of “tribunal established by law”. In this way, both establish that the irregularities in the procedure of appointment of judges may negatively affect the right of a tribunal established by law, thus including the appointment in the scope of this right.

Received: 25 October 2022
Accepted: 22 February 2023

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Author Biography

María Valle Camacho, University of Córdoba, Spain

Double degree in Law and Business from the University of Córdoba. She has been an investigation intern and an associate student in the Administrative Law Area from the Public and Economic Law Department of the University. At present, she is pursuing the Master in European Studies of the University of Sevilla.

Published
2023-04-27
How to Cite
Valle Camacho, María. 2023. “The Right to a Tribunal Established by Law and the Judicial Appointment Procedure: New Developments through the ECHR and the CJEU’s Case-Law. Its Application in the Case of Poland”. Deusto Journal of European Studies, no. 68 (April), 117-50. https://doi.org/10.18543/ced.2700.
Issue
No. 68 (2023)
Section
Articles

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