Judgment concerning Poland
In the case of Sobczyńska and Others v. Poland the Court held that there had been a violation of the right to access to a court.
The case concerned a refusal in 2008 by the then President of the Republic to appoint the applicants to vacant judicial posts, without giving reasons, despite their having successfully participated in a competitive selection procedure and the absence of judicial review of that decision.
The Court found that the applicants had had a right to a fair procedure in the examination of their applications for a judicial post and had had a legitimate and reasonable expectation they would be given proper consideration. As the applicants had not been informed of the reasons for the President’s refusal to appoint them and had been unable to challenge that refusal, they had not been protected against what could legitimately be suspected to be an arbitrary decision.