PAJAK AND OTHERS v. POLAND - 25226/18 (Preliminary objection joined to merits and dismissed - Art 6.1 (civil) Access to a court : First Section) French Text [2023] ECHR 833 (24 October 2023)

PAJAK AND OTHERS v. POLAND - 25226/18 (Preliminary objection joined to merits and dismissed - Art 6.1 (civil) Access to a court : First Section) French Text [2023] ECHR 833 (24 October 2023)

The Court found that there were no serious reasons to justify the exceptional absence of judicial control over the early termination of the applicants' judicial functions resulting from unilateral decisions of the Minister of Justice and the National Council of the Judiciary. Article 6 § 1 was applicable, and the...

Source-derived case information.

Citation
[2023] ECHR 833
Parties
Applicant: Lucyna Pająk; Applicant: Marta Kuzak; Applicant: Elżbieta Kabzińska; Applicant: Danuta Jezierska; Respondent: Republic of Poland
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment on Merits and Preliminary Objection
Outcome
Preliminary objection dismissed; violation found
Legal Topics
Access to a Court, Judicial Independence, Discrimination Based on Sex, Retirement Age, Right to Remedy
Human Rights Constitutional Law Administrative Law Employment Law Access to a Court Judicial Independence Discrimination Based on Sex Retirement Age +1 more

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Parties

Lucyna Pająk

Applicant

Marta Kuzak

Applicant

Elżbieta Kabzińska

Applicant

Danuta Jezierska

Applicant

Republic of Poland

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment on Merits and Preliminary Objection

  1. 1 Whether the applicants had access to a judicial remedy to challenge the refusal to allow them to continue as judges beyond retirement age
  2. 2 Whether the legislation and ministerial decisions discriminated against female judges on grounds of sex and age

Ratio Decidendi

The Court found that there were no serious reasons to justify the exceptional absence of judicial control over the early termination of the applicants' judicial functions resulting from unilateral decisions of the Minister of Justice and the National Council of the Judiciary. Article 6 § 1 was applicable, and the lack of access to a court violated the applicants' rights. The combined effect of the legislation and ministerial refusals constituted discrimination based on sex, as female judges were forced to retire five years earlier than male judges in analogous situations, impacting their careers and pensions.

Court Disposition

Preliminary objection dismissed; violation found

Orders

  • Poland to ensure effective judicial remedy for similar cases
  • Poland to pay compensation to applicants for pecuniary and non-pecuniary damage