Report "Judgments delivered by irregular judicial formations of the Polish Constitutional Court"
The ongoing crisis in the functioning of the Constitutional Court since 2017 is linked, among other things, to the illegally elected judges in the Court. In 2021, the European Court of Human Rights ruled that issuing a decision on a constitutional complaint by the Constitutional Court with an irregularly elected person violated Article 6 of the European Convention on Human Rights. As the Committee of Ministers of the Council of Europe pointed out, in a recent decision, in order to implement the ECHR judgment, it is necessary not only to ensure legally elected judges issue rulings but also to regulate the consequences of rulings handed down in incorrect compositions.
The Helsinki Foundation for Human Rights presents a report on the jurisprudence of the Constitutional Tribunal in 2017-2022 and possible ways to mitigate the consequences of decisions of this body issued in formations with the participation of persons not entitled to adjudicate.