In an unprecedented decision, on 8 February 2022, the European Court of Human Rights granted a request for interim measures in the case Wróbel v. Poland, concerning the lifting of the judicial immunity of Supreme Court Justice Włodzimierz Wróbel. Justice Wróbel acted as co-rapporteur when the Supreme Court, in a joint resolution of three Supreme Court Chambers, case file no. BSA I-4110-1/20, decided that improperly appointed judges cannot perform judicial functions, and, in particular, that decisions of the so-called Disciplinary Chamber of the Supreme Court have been issued by an ill-composed body. This resolution implemented the rule-of-law jurisprudence of the Court of Justice of the European Union. In a case viewed as a form of repression, the government initiated a criminal prosecution against justice Wróbel and to this end requested that his judicial immunity be lifted. The case, dismissed by the Disciplinary Chamber in first instance, was to be heard by another panel of that same Chamber in second instance.

In this situation, a request was filed with the European Court of Human Rights for interim measures safeguarding his right to a fair trial.

Acting on that request, the European Court of Human Rights, as an interim measure, indicated to the Polish government that Poland must ensure that the proceedings concerning the lifting of the applicants’ judicial immunity comply with the requirements of “fair trial” as guaranteed by Article 6 § 1 of the European Convention on Human Rights, in particular that the composition of the body hearing their cases meet the requirements of an “independent and impartial tribunal established by law” (see Reczkowicz v. Poland, no. 43447/19, 22 July 2021, §§ 225-284), and that no decision in respect of his immunity is taken by the Disciplinary Chamber until the final determination his complaints by the Court.

This unprecedented measure protected justice Wróbel from his case being heard by the illegal Disciplinary Chamber, and also opened the way for further similar measures.

On 19 September 2022, the European Court of Human Rights granted requests for interim measures in the cases Niklas-Bibik v. Poland and Piotrowska v. Poland concerning judges who have been temporarily suspended or whose suspension has been requested by Polish authorities as a result of judicial decisions which they handed down in implementation of EU law and of the judgments of the Court of Justice of the European Union. The European Court of Human Rights, as an interim measure, indicated to the Polish government that Poland must ensure that the disciplinary proceedings concerning the applicants’ suspension from their judicial duties comply with the requirements of “fair trial” as guaranteed by Article 6 § 1 of the European Convention on Human Rights, in particular that the composition of the body hearing their cases meet the requirements of an “independent and impartial tribunal established by law” (see Reczkowicz v. Poland, no. 43447/19, 22 July 2021, §§ 225-284, and Dolińska-Ficek and Ozimek v. Poland, nos. 49868/19 and 57511/19, 8 November 2021, §§ 281-357 and 368-369). As a result, scheduled hearings concerning both applicant judges were canceled.

Supreme Court Justice Włodzimierz Wróbel is represented by Agnieszka Helsztyńska and Sylwia Gregorczyk-Abram (Wolne Sądy – Free Courts).

Circuit Court Judge Agnieszka Niklas-Bibik is represented by Piotr Hoffman, and Appellate Court Judge Irena Piotrowska is represented by Agnieszka Helsztyńska.