The Questionable Independence of Polish Assessors and Its Effects on the European Legal Order

Abstract

This article critically analyses the Polish institution of assessor (junior judge) and the impact of hampering this institution’s independence on decisions of other European courts. Using the dogmatic-legal method, the authors conclude that procedures of nominating assessors and ending their periods of service do not respect the right to a fair trial guaranteed in the European Convention on Human Rights, and in EU law. Assessors adjudicate mainly in a one-person bench. Thus, although under EU law states should only exceptionally verify if decisions made by other states respect fundamental rights, such verifications may become routine.