Europe’s human rights court finds fault with Polish tribunal

National Legal News

The European Court of Human Rights said Friday that Poland’s top court violated a local company’s right to fair trial because a judge on the review panel handling its case had been irregularly appointed to the tribunal.

Law experts in Poland and critics of the right-wing government have long argued that some of the judges of the Constitutional Tribunal were appointed in violation of the law and that their rulings should therefore be considered void.

The European court said the company was denied the right to be heard by a lawfully-appointed court because there were irregularities in the appointment of one of the panel’s judges, Mariusz Muszynski, to the tribunal. It said Poland’s parliament and President Andrzej Duda had no right to appoint Muszynski and some other judges to the tribunal.

Constitutional Tribunal head Julia Przylebska, a government loyalist, reacted by saying the European court “lawlessly interfered into the competence” of Poland’s parliament and president and that its ruling has no effect on Poland’s legal system.

Poland’s government appointed Przylebska, Muszynski and other loyalists to the tribunal in 2015, ignoring the fact that some of the positions had already been filled by the previous administration. The government’s bid to take political control of the tribunal and of the Supreme Court is a major point of friction with the European Union ? to which Poland belongs ? which says it’s a violation of democratic rules.

Government critics said Friday’s decision cast doubt on every ruling with the participation of judges appointed in that way ? including a key, controversial decision that allowed a further tightening of Poland’s strict anti-abortion law and sparked mass protests in the country.

The grass-producing company turned to the European court saying its rights had been violated after Poland’s courts and the Constitutional Tribunal refused it the full compensation it had sought for damage caused by wild boars.

The European court ordered Poland to pay the company the rough equivalent of 3,400 euros ($4,100) for court costs but said the amount of compensation was the competence of Poland’s courts.

Related listings

  • Slain girl’s grandmother wants caseworkers deemed ‘reckless’

    Slain girl’s grandmother wants caseworkers deemed ‘reckless’

    National Legal News 04/30/2021

    The grandmother of a 2-year-old girl who was beaten and starved to death wants to file a wrongful death lawsuit against three caseworkers who oversaw the girl’s care, and has taken her case to the Ohio Supreme Court.During oral arguments Wednes...

  • Mississippi told to pay $500K to wrongfully imprisoned man

    Mississippi told to pay $500K to wrongfully imprisoned man

    National Legal News 03/03/2021

    A judge is ordering the state of Mississippi to pay $500,000 to a Black man who was wrongfully imprisoned more than 22 years and was tried six times in a quadruple murder case.Curtis Flowers was released from prison in December 2019, months after the...

  • Attorney General MacDonald confirmed as supreme court chief

    Attorney General MacDonald confirmed as supreme court chief

    National Legal News 01/22/2021

    Attorney General Gordon MacDonald was confirmed Friday as chief justice of the New Hampshire Supreme Court, 18 months after he was initially rejected for the position.Republicans won a 4-1 majority on the Executive Council in November, ousting Democr...

Is Now the Time to Really Call a Special Education Lawyer?

IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.

Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.

Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.