Some of the judges whose rights Poland violated have served since Communist times.
Alina Bojara (in photo) has been a judge in Poland since 1988. She and Mariusz Broda served as the Kielce Regional Court vice presidents. The Polish Minister of Justice dismissed the heads of courts without explaining the reasons for the ministerial decisions and any possibilities for appeal against the removals. The termination of their term of office as vice president was simply done through a termination letter.
Relying on their right of access to a court, the applicants complained that they had been dismissed from their posts as vice presidents of a court, alleging that their removal had been unlawful and arbitrary and that there had been no specific judicial remedy enabling them to challenge the decision.
By its judgment of 29 June 2021, the Court found a violation of the right of access to a court. The Court also decided that Poland was to pay each of the applicants €20,000 in respect of pecuniary and non-pecuniary damage. The judgment is called Broda and Bojara v. Poland (26691/18, 27367/18).
