The European Court of Human Rights today announced (accepted for examination) another complaint – Ferek v. Poland. The Government received several questions concerning violations of Article 6 of the European Convention on Human Rights (right to a fair trial) Article 8 (right to respect for private and family life) Article 10 (freedom of expression), Article 18 (limitation on use of restrictions on rights), and Article 1 of Protocol No. 1 (protection of property).
There are more than a hundred cases filed to the ECHR concerning the independence of the Polish judiciary, and the functioning of our legal system.
What you should know about judge Ferek’s case:
- Judge Marek Ferek has issued 3 rulings that were based on the European Court of Human Rights and the Court of Justice of the European Union’s laws. He questioned the legal status of rulings issued by the neo-judges appointed by the neo-KRS and refused to include the decision issued by the Polish Constitutional Tribunal.
- On 16 October 2021, Judge Ferek was suspended. Furthermore, the illegal Disciplinary Chamber reduced his salary by 50% – it is a clear violation of EU law (21 July 2021, CJEU ordered to suspend the activities of the Disciplinary Chamber.)
- The whole course of the proceedings was defective: The judge was not even notified of the hearing in the Chamber on his suspension, so his right to defense has been violated. Also, the information about his proceeding on 16 November 2021 has not been published.
The attorneys of Judge Marek Ferek are Sylwia Gregorczyk-Abram, Maria Ejchart-Dubois, and Michał Wawrykiewicz, lawyers from The Justice Defence Committee, KOS.