simone pitto (University of Genoa) has posted The independence and impartiality of the judiciary is a prerequisite and a fundamental guarantee of the rule of law. Briefs remarks stemming from the Wałęsa v. Poland pilot-judgement of the ECHR on SSRN. Here is the abstract:
What is relevant to the discussion of the rule of law and the guarantee of the independence of judges in the long decision of the ECtHR is the Court’s reasoning that Poland was in breach of the ECHR because Wałęsa’s rights to an independent court were infringed.Notably, the Court reiterated that the Polish Chamber of Extraordinary Review and Public Affairs (hereinafter “CERPA”), which reviewed Wałęsa’s case, failed to meet the criteria of an “independent and impartial tribunal established by law”, thereby infringing upon the principle of legal certainty (cf. the ECtHR press release issued by the Registrar of the Court).More importantly, in the case of Wałęsa v. Poland, the Court implemented the pilot-judgment procedure as outlined in Rule 61 of the Rules of Court. This decision was made in recognition of systemic infringements of Article 6.1 of the European Convention on Human Rights. Consequently, the Court mandated Poland to adopt suitable measures intended to re-establish the independence of judicial entities and ensure legal certainty.The case under review not only provides further evidence of the Polish authorities’ multiple violations of the values of the rule of law, but also potentially paves the way for interesting developments. This is the case with regard to the impact of the implementation of the pilot judgment procedure and the recommendations made by the Court, especially in the light of recent developments in the aftermath of the October 2023 elections.Furthermore, the decision underscores a well-established and effective “dialogue” between the European Court of Human Rights and the European Court of Justice (ECJ) concerning the safeguarding of the independence of European judicial bodies.
