I PZ 21/07
AI generated
Supreme Court allows cassation term restoration due to ECHR violation of fair trial rights by lower court.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland restored the cassation deadline after finding that the District Court violated the applicant's right to a fair trial. The applicant, unemployed for 1.5 years, requested a court-appointed lawyer but was denied, leading to a procedural defect in the cassation filing. The court ruled that the European Court of Human Rights' finding of a fair trial violation necessitated correcting the domestic procedural error that deprived the applicant of effective legal representation.
Legislator headnote
AI generatedArt. 3941 k.p.c.; Art. 39815 k.p.c.; Binding force of ECHR judgments requires domestic courts to ensure procedural fairness and remedy violations of the right to a fair trial identified by the European Court of Human Rights.
Keywords
AI generated
fair trial rights
court appointed lawyer
cassation deadline restoration
ECHR binding force
procedural defect invalidity
effective legal representation
Supreme Court review
Cited Legislation
AI generatedArt. 3941 k.p.c.
Art. 39815 k.p.c.
Art. 401 pkt 2 k.p.c.
Art. 169 § 1 k.p.c.
Art. 9 Konstytucji
art. 3932 § 1 k.p.c
art. 9 Konstytucji RP
art. 169 § 1 k.p.c
art. 169 § 3 k.p.c
art. 380 k.p.c
Cited Case Law
AI generatedI PZ 7/07
European Court of Human Rights judgment