Europe’s human rights court finds fault with Polish tribunal

U.S. Law Review

The European Court of Human Rights said Friday that Poland’s top court violated a local company’s right to fair trial because a judge on the review panel handling its case had been irregularly appointed to the tribunal.

Law experts in Poland and critics of the right-wing government have long argued that some of the judges of the Constitutional Tribunal were appointed in violation of the law and that their rulings should therefore be considered void.

The European court said the company was denied the right to be heard by a lawfully-appointed court because there were irregularities in the appointment of one of the panel’s judges, Mariusz Muszynski, to the tribunal. It said Poland’s parliament and President Andrzej Duda had no right to appoint Muszynski and some other judges to the tribunal.

Constitutional Tribunal head Julia Przylebska, a government loyalist, reacted by saying the European court “lawlessly interfered into the competence” of Poland’s parliament and president and that its ruling has no effect on Poland’s legal system.

Poland’s government appointed Przylebska, Muszynski and other loyalists to the tribunal in 2015, ignoring the fact that some of the positions had already been filled by the previous administration. The government’s bid to take political control of the tribunal and of the Supreme Court is a major point of friction with the European Union — to which Poland belongs — which says it’s a violation of democratic rules.

Government critics said Friday’s decision cast doubt on every ruling with the participation of judges appointed in that way — including a key, controversial decision that allowed a further tightening of Poland’s strict anti-abortion law and sparked mass protests in the country.

The grass-producing company turned to the European court saying its rights had been violated after Poland’s courts and the Constitutional Tribunal refused it the full compensation it had sought for damage caused by wild boars.

The European court ordered Poland to pay the company the rough equivalent of 3,400 euros ($4,100) for court costs but said the amount of compensation was the competence of Poland’s courts.

Related listings

  • Judges hear arguments over Census’ contentious privacy tool

    Judges hear arguments over Census’ contentious privacy tool

    U.S. Law Review 05/03/2021

    The fight over whether the U.S. Census Bureau can use a controversial statistical technique to keep people’s information private in the numbers used for drawing political districts on Monday was going before a judicial panel which must decide i...

  • Slain girl’s grandmother wants caseworkers deemed ‘reckless’

    Slain girl’s grandmother wants caseworkers deemed ‘reckless’

    U.S. Law Review 04/29/2021

    The grandmother of a 2-year-old girl who was beaten and starved to death wants to file a wrongful death lawsuit against three caseworkers who oversaw the girl’s care, and has taken her case to the Ohio Supreme Court.During oral arguments Wednes...

  • Supreme Court to take up right to carry gun for self-defense

    Supreme Court to take up right to carry gun for self-defense

    U.S. Law Review 04/26/2021

    The Supreme Court agreed on Monday to hear an appeal to expand gun rights in the United States in a New York case over the right to carry a firearm in public for self-defense. The case marks the court’s first foray into gun rights since Justice...

USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.