On June 22, 2021, a judgment was issued by the European Court of Human Rights (ECHR) regarding the case of Joanna Reczkowicz and the Polish government, which had been filed almost two years prior. On August 6, 2019, Joanna Reczkowicz, a barrister and Polish citizen, formally issued a complaint against the Disciplinary Chamber of the Supreme Court, which she believed had failed to remain objective in its handling of her case. In 2017, she was suspended due to a compromise of bar ethics, which lasted for a period of three years. When this issue was readdressed, Reczkowicz felt it was not being done appropriately, since the newly selected judges were appointed by the President, who was responding to a request from the National Council of the Judiciary (NCJ). It was also revealed that during the reformative process in 2017, various methods had been employed to add favor to various political parties, through paid campaigns and public criticisms of presiding judges. The statewide campaign was titled ‘Fair Counts,’ and its initiatives were funded by various companies possessed by the state. It was argued that both the legislative and executive sects of government were heavily intertwined in the judicial proceedings, which made the Disciplinary Chamber incapable of issuing fair judgments.
As referenced in the case, Article 10 of the Constitution of the Republic of Poland emphasizes the importance of functioning independence amongst the three branches of government, which was not respected. The Court ultimately ruled in favor of Reczkowicz, holding that the Supreme Court did not uphold the constitutional precedents regarding the impartiality of Polish legal systems. Thus, there had been a breach of Articles 6 and 1 of the ECHR. These factors served as strong evidence of a conflict of interest and impedance on impartiality regulations. The remaining elements of Reczkowicz’s claim were denied, but a financial settlement of approximately 15,420 EUR was reached.