Julia Laffranque discusses two cases of the ECtHR concerning violations of the establishment of tribunals by law: Guðmundur Andri Ástráðsson v. Iceland and Xero Flor w Polsce sp. z o. o. v. Poland. In the first case, while answering the question “Is a court that includes a judge who was appointed in violation of the relevant legal provisions still a “tribunal established by law”, as required under Article 6 ECHR?”, the Court establishes a new three-step threshold test. In the second case, the Court applies this test.
e-Presentation | November 2021 | Learning time: 50 minutes
e-Presentation by Julia Laffranque, Judge, Supreme Court of Estonia, Tartu; former Judge at the European Court of Human Rights.
Jacques René Zammit discusses democratic backsliding in Malta. He presents the principle of non-regression of the appointment of the judiciary, as developed in recent CJEU case law (Case C-896/19 Repubblika v Il-Prim Ministru).
e-Presentation | November 2021 | Learning time: 36 minutes
e-Presentation by Jacques René Zammit, Press Officer for Malta and Ireland; former Legal Secretary and Head of Cabinet of Judge Borg Barthet, Court of Justice of the European Union, Luxembourg.
Diana Ungureanu gives an overview of recent developments concerning the rule of law and the appointment of judges in Poland. She embeds these in recent case law of the CJEU (C-824/18 A.B. and Others v Krajowa Rada Sądownictwa and Others) and of the ECtHR (Reczkowicz v. Poland and Dolińska-Ficek and Ozimek v. Poland). The question discussed in these cases concerns the lack of independence of the National Council of the Judiciary in Poland.
e-Presentation | November 2021 | Learning time: 1 hour 2 minutes
e-Presentation by Diana Ungureanu, Judge, Court of Appeal, Pitești, Romania.
Laurent Pech gives a broad overview of the recent case law concerning the rule of law and judicial independence. In particular, he explains in detail the judgments in C-83/19 Asociaţia “Forumul Judecătorilor din România” and Others, C-791/19 Commission v Poland and C-204/21 R/R-RAP Commission v Poland. He discusses the Court’s conclusions and analyses their effect on future developments.
e-Presentation | November 2021 | Learning time: 47 minutes
e-Presentation by Laurent Pech, Professor of European Law, Head of the Law and Politics Department, Middlesex University, London.