Polish judges declare EU human rights conventions unconstitutional in some cases

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European Court of Human Rights in Strasbourg

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VINCENT KESSLER / REUTERS

According to the Constitutional Court in Warsaw, the EU's human rights convention is in part incompatible with the Polish constitution.

With this finding, the court on Wednesday rejected a judgment by the European Court of Human Rights (ECHR).

"The Constitutional Court overturns the ECHR ruling that violates our system," said Deputy Justice Minister Sebastian Kaleta on Twitter.

It was a "beautiful day for the Polish rule of law and sovereignty," continued Kaleta.

With the verdict, the Constitutional Court "stopped another attempt at external and illegal interference in the Polish system."

The Polish Ministry of Justice brought the case to the Constitutional Court after the ECHR sentenced Poland in May for the "irregular" appointment of a constitutional judge.

Critics accuse the government in Warsaw of undermining the independence of the judiciary and the separation of powers with its judicial reforms.

The current case is about Article 6 of the Convention, the right to a fair trial "before an independent and impartial court based on law."

In its judgment on Wednesday, the Polish Constitutional Court ruled that it was not a court within the meaning of the Convention.

"Judgment is cause for concern"

The Council of Europe expressed concern at the decision.

"Today's judgment by the Polish Constitutional Court is unprecedented and gives cause for serious concern," said General Secretary Marija Pejcinovic Buric.

All 47 member states of the Council of Europe have committed themselves to »guaranteeing the rights and freedoms set out in the European Convention on Human Rights«.

The Polish opposition politician Kamila Gasiuk-Pihowicz also sharply criticized the verdict.

"In Russia, the Constitutional Court also chooses the judgments it wants to abide by," she said.

Poland signed the European Convention on Human Rights 30 years ago, and the government is now trying to "push the country out of the group of democratic countries."

The Polish Constitutional Court had already ruled in October that some laws of the European Union conflict with the Polish constitution.

Specifically, it concerns provisions from the EU treaties with which the EU Commission justifies its say in questions of the rule of law.

The European Court of Human Rights was founded in Strasbourg in 1959 by the member states of the Council of Europe.

Its task is to examine and punish violations of the European Convention on Human Rights.

ngo / afp / Reuters