NĚMEČEK v. THE CZECH REPUBLIC

• ECLI: ECLI:CE:ECHR:2023:0112DEC005402218
• Counsel: NAVRÁTILOVÁ N.
• Date: 12 January 2023
• Application Number: 54022/18
• Court: Fifth Section Committee (European Court of Human Rights)
• Respondent State: Republica Checa
• Applied Rules: 6;6-1;35

FIFTH SECTION

DECISION

Application no. 54022/18
Libor NĚMEČEK
against the Czech Republic

The European Court of Human Rights (Fifth Section), sitting on 12 January 2023 as a Committee composed of:

Carlo Ranzoni, President,
Mattias Guyomar,
Mykola Gnatovskyy, judges,
and Martina Keller, Deputy Section Registrar,

Having regard to:

the application (no. 54022/18) against the Czech Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 8 November 2018 by a Czech national, Mr Libor Němeček, who was born in 1964 and lives in Kvasice (“the applicant”), and was represented by Ms N. Navrátilová, residing in Chropyně;

the decision to give notice of the complaint, concerning the alleged failure of the Constitutional Court to address one of the objections of bias raised by the applicant, to the Czech Government (“the Government”), represented by their Agent, Mr V.A. Schorm, of the Ministry of Justice, and to declare inadmissible the remainder of the application;

the parties’ observations;

Having deliberated, decides as follows:

SUBJECT MATTER OF THE CASE

1. The present application concerns an alleged violation of the right to a fair hearing on account of the alleged failure of the Constitutional Court to address one of the objections of bias raised by the applicant with respect to two different judges of the Constitutional Court sitting in the chamber to which his case was assigned (Article 6 § 1 of the Convention).

2. ...