Prawo do sądu w świetle najnowszego orzecznictwa sądów europejskich

This paper examines recent case law from the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) concerning the right to a fair trial, with a particular focus on cases arising from the Polish rule of law crisis that began in 2015. It begins by outlining the constitutional standard for the right to a fair trial as established by the Constitutional Tribunal of Poland, highlighting the key elements defined in the Constitution of the Republic of Poland. The paper then explores whether recent rulings from the CJEU and ECtHR modify or clarify this constitutional standard. Subsequent sections analyze the latest case law from both European courts in the context of the Polish crisis. These sections also include an examination of significant precedent decisions from the CJEU and ECHR regarding the right to a fair trial, which have influenced the judgments related to the rule of law crisis in Poland. Notable cases discussed include the CJEU ruling in the Associação Sindical dos Juízes Portugueses case, as well as the ECHR judgments in the Ástráðsson and Eskelinen cases. The conclusion addresses how these judgments have impacted the constitutional standard for the right to a court, the differing approaches taken by the two tribunals regarding violations of the right to a fair trial in Poland, and the potential of their case law to help restore the rule of law in the country.