Judicial appointment

Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part 2]

Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part 2]

This is what happened in Poland. The Supreme Court made a preliminary reference about the appointment of the members of its Disciplinary Chamber (DC). The CJEU considered that there were...
Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part1]

Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part1]

That the Polish constitutional crisis would have had serious human-rights implications was clear from the start. It would have been naïve to assume that the CoE would not have had...
Respecting Subsidiarity While Guaranteeing the Right to a Tribunal Established in Accordance with National Law: From Astradsson to Xero Flor

Respecting Subsidiarity While Guaranteeing the Right to a Tribunal Established in Accordance with National Law: From Astradsson to Xero Flor

International bodies like the ECtHR should not easily substitute their assessment for that of national judges who have analysed a human-rights issue ‘properly’. So much is dictated by subsidiarity; and...
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