Proceedings before the Supreme Administrative Court relating to an appeal against a resolution of the National Council of the Judiciary, on which appointment by the President of Poland of judges to sit on the Supreme Court Civil Law Chamber is based

Abstract

The case in question involves six applications lodged with the European Court of Human Rights by individuals appointed by the President of Poland to the Civil Chamber of the Supreme Court on the recommendation of the National Council of the Judiciary. They alleged that their right of access to a tribunal and to a fair trial had been violated because they were unable to participate in proceedings before the Supreme Administrative Court concerning the resolution of the National Council of the Judiciary on the basis of which they had been appointed and were prevented from defending, inter alia, their right to reputation. The Court rejected these complaints as inadmissible ratione materiae, since the proceedings before the Supreme Administrative Court did not decide any civil rights of the applicants and, consequently, the applicants could not invoke Article 6 of the Convention.