ECHR Judgment : Pecuniary damage – claim dismissed : First Section
Art 6 – 1 (civil) – Very essence of the right to a ‘tribunal established by law’ impaired due to grave irregularities in appointment of judges to the newly established Supreme Court’s Disciplinary Chamber following legislative reform – Art 6 applicable under its civil head – Application of three-step test formulated in Guomundur Andri Astraosson v. Iceland [GC] – Supreme Court’s thorough assessment and reasoned finding of a manifest breach of domestic law due to inherently deficient judicial appointment procedure by reformed National Council of the Judiciary which lacked independence from legislature and executive – Constitutional Court’s failure to carry out comprehensive, balanced and objective analysis of the questions before it in Convention terms and actions aimed at undermining Supreme Court’s findings – Lack of domestic remedy to challenge the alleged defects
43447/19, [2021] ECHR 662, ECLI:CE:ECHR:2021:0722JUD004344719
Bailii
European Convention on Human Rights
Human Rights
Updated: 01 August 2021; Ref: scu.666293 br>