Commentary to the judgement of the european court of human rights of 23 november 2023 in the case of wałęsa v poland (application no 50849/21)

Abstract

In the commented judgment of 23 November 2023, issued in the case of "Wałęsa v Poland" (application no. 50849/21), the European Court of Human Rights stated that the extraordinary complaint, which has been functioning in the Polish legal system since 2018, is incompatible with the standards of a fair trial and the principle of legal certainty under Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms. The author, sharing reservations about the extraordinary complaint brought by the European Court of Human Rights, discusses the fundamental defects of this institution with regard to the broader domestic context and formulates de lege ferenda conclusions. The commentary also indicates that the defectiveness of the extraordinary complaint also manifests itself in other aspects that were overlooked in the commented judgement. For this reason, it is necessary to undertake a deeper, systemic reflection on this legal institution before its possible reform.