The provisions enshrine the right of the ECHR to verify the independence of judges of the Constitutional Court. In this court, however, it was considered that the status of the court and judges is determined by the Constitution and they do not fall under the jurisdiction of the ECHR
The Constitutional Court of Poland has concluded that part of the provisions of the European Convention on Human Rights does not comply with the Basic Law of the country and, therefore, is unconstitutional, the newspaper Wiadomosci reports.
We are talking about the part of the convention that states that the European Court of Human Rights (ECHR) has the right to verify the independence of judges of the Constitutional Court and the legality of their appointment.
“The Constitutional Court considers that the ECHR has no grounds for verifying the independence of judges of the Constitutional Court, since its sources are the Constitution and statutes. <..."Judicial independence is always evaluated in relation to a specific case pending before the court," Judge Wojciech Sych, who announced the decision, said.
He also stressed that the status of the Constitutional Court and its judges, including the rules for their appointment, are specified only in the Constitution and do not fall under the jurisdiction of the ECHR.
At the same time, Sych noted that the Constitutional Court does not question the judicial practice of the ECHR and the role it plays in the development and improvement of standards in the field of human rights protection.
The proceedings concerning the provisions of the European Convention on Human Rights took place after the corresponding petition was filed in July by Prosecutor General Zbigniew Zebro. He, in turn, referred to the precedent – the case of Xero Flor against the Polish authorities.
The company tried to challenge the amount of compensation awarded to it by the court, and eventually reached the proceedings in the Constitutional Court. However, this instance decided to terminate the case. Then Xero Flor appealed to the ECHR, which agreed with her arguments and concluded that the company’s right to a fair trial in a Polish court had been violated. The European Court decided that the judge of the Constitutional Court, who signed the decision to dismiss the case, had no right to do so.
Warsaw is already in a difficult relationship with Brussels because of the reform of its judicial system, which began in 2017. So, in October, the Constitutional Court of Poland decided that four provisions of the Treaty on the European Union contradict the Constitution of the country and should not prevail over it. These provisions speak about freedom, democracy,the rule of law and equality. The decision was widely criticized in the EU.
At the end of October, the European Court of Justice in Luxembourg ordered the Polish government to pay a fine until it brings national legislation into line with EU standards. The penalties amounted to €1 million per day.
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