Revisiting the Issue of Designation of ad hoc Judges in the European Court of Human Rights: Some Remarks Following the Case Wałęsa v. Poland

Subsequent to the recusal of the Polish judge elected in respect of Poland in the case of Wałęsa v. Poland, the President of the Strasbourg Court’s Chamber assigned another elected judge to replace him; he did so after the Chamber had determined that less than three of the persons designated as ad hoc judges by the Polish authorities satisfied the requirements of office (Article 21, ECHR). As this procedural decision caused a stir in Polish legal circles, this text provides an explanation of this decision. The related issue of recusal is also briefly broached, following a recent Practice Directive issued by the President of the European Court of Human Rights. Relevant texts, or extracts therefrom, are appended to the commentary.