Infringement of the right to access to the court

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Broda and Bojara v. Poland (Application no. 26691/18)

Briefed on: November 28, 2022

This case concerns an infringement of the right to access to the court on account of the premature termination of the applicants’ term of office as vice presidents of a regional court on the basis of temporary legislation in force between 12 August 2017 and 12 February 2018, which did not allow for examination either by an ordinary court or by another body exercising judicial duties.

The Helsinki Foundation for Human Rights is actively involved in the process of the execution of the judgment. They have submitted the Rule 9.2 communication on 18 October, 20. Their submission includes the following recommendations:

  • Implementation of the judgment on the general level requires the adoption of proper legislative measures;

  • There is a need for legislative change: the powers of the Minister of Justice to dismiss presidents/vice-presidents of courts must be limited in order to protect independence of the judiciary:

    • negative opinion of the NCJ should be binding on the Minister of Justice (as it was until 2017);

    • NCJ must be an independent and lawfully constituted organ;

    • limitation of the MoJ’s discretion in the appointment of court presidents will also be advisable

  • The decision of the Minister of Justice on the dismissal of presidents/vice-presidents of courts must be appealable to court;

  • Domestic authorities must refrain from questioning the validity of the Court’s rulings.