WERSEL v. POLAND - 860/08 - HECOM [2013] ECHR 231 (15 March 2013)

The Constitutional Court held that it would be disproportionate to allow challenges to final rulings on the ground of unconstitutionality of the provisions regulating the composition of the organs which had given those rulings, and that such unconstitutionality did not have to amount to unconstitutionality in respect of the content of a ruling or the procedure employed with a view to reaching it.

Citation: [2013] ECHR 231
Parties: Applicant: Applicant; Respondent: Unknown (State/Respondent)
Jurisdiction: European Union
Judgment Date: 15 March 2013
Procedural Posture: Constitutional Complaint / Preliminary Questions to Parties
Outcome: Questions to the parties; no final determination on merits.
Legal Topics: Judicial Independence, Finality of Judgments, Right to a Fair Trial

Constitutional Law Judicial Administration Human Rights Judicial Independence Finality of Judgments Right to a Fair Trial

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2

Parties

Applicant

Unknown (State/Respondent)

Respondent

Procedural Posture

Constitutional Complaint / Preliminary Questions to Parties

Legal Issues

1 Whether the first-instance court was independent as required by Article 6 § 1 of the Convention
2 Whether the applicant exhausted all effective domestic remedies under Article 35 § 1 of the Convention

Ratio Decidendi

Court Disposition

Questions to the parties; no final determination on merits.