In the case of Misiūnas v. Lithuania the Court held that there had been a violation of the right of access to court.

The application concerned a former judge who had taken up a post in the Government. When his term in Government came to an end, he submitted requests to be reappointed as a judge. The President of the Republic declined to reappoint him. The domestic courts refused to accept for examination claims brought by the applicant, holding, in particular, that it was within the powers of the President to decide on judicial appointments, and that they had no jurisdiction to hear his case.

The Court found that the domestic courts had failed to provide an effective legal remedy capable of addressing the substance of the applicant’s complaint, despite him having a legitimate and reasonable expectation that his application for re-entry into the judicial profession would be given proper consideration. There had been no exceptional or compelling reasons to justify the lack of judicial review of the President’s decision.

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