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.