She alleged a breach of rules on the appointment of lay assessors in that the lay assessors Ms B. and Mr S. had not been drawn by lot contrary to the requirements of the Federal Law on the Lay Assessors

Assessors are legally qualified and appointed by the Minister of Justice.

Subsequently, s/he has to work a minimum of three years as an assessor in a district court. Sections 134-136 of the 2001 Act regulate the position of assessors.

    On 31 August 2007 the first applicant requested that the assessor ( asesor sądowy ) B. R.

( asesor ) and trainee judges, court employees and officers and lay judges.

Having regard to the foregoing, the Court considers that the assessor B.R.

    Lack of independence of the assessor The applicant complained about the lack of independence of the assessor who had examined his case at the first-instance level.

of the independence of assessors. 21.

    Assessors (junior judges) The relevant domestic law and practice regarding the status of assessors, including the landmark judgment of the Polish Constitutional Court of   24  

Having regard to the foregoing, the Court considers that the assessor B.R.

Having regard to the foregoing, the Court considers that the assessor B.R.

    Lack of independence of the assessor The applicant complained that the District Court had been composed of an assessor (junior judge) who lacked independence.

He acknowledged that the institution of assessors had been abolished but there was no possibility to obtain redress in cases, such as his, in which assessors had adjudicated.

Having regard to the foregoing, the Court considers that the assessor B.R.

As the lay assessors sitting on the Rent Review Board and the Housing and Tenancy Court were committed to the defence of those interests, they could not assess his claim with the necessary independence

of lay assessors to be assigned to the respective district court.

He contested, among others, that the case had been decided by an assessor.

    Lack of independence of the assessor The applicant complained that the Kłodzko District Court’s judgment of 10 March 2009 had been given by the assessor who had lacked independence.

On 20   March 2008 the Bochnia District Court, composed of an assessor ( asesor ), gave judgment by default.