Polish judges declare human rights conventions unconstitutional in some cases

Enlarge image

European Court of Human Rights in Strasbourg

Photo:

VINCENT KESSLER / REUTERS

According to the Constitutional Court in Warsaw, the European Convention on Human Rights (ECHR) is partially 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.

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.

Specifically, it concerns Article 6 of the ECHR, which was signed by 47 states - including Poland.

"Everyone has the right to a fair trial (...) of any disputes (...) or criminal charges brought against them by an independent and impartial court based on law (...)," it says .

However, this article may not be used by the European Court of Human Rights to examine the independence of judges at the Constitutional Court, the judgment now says.

Because the basis of the independence of the constitutional judges is "the Polish constitution and other laws".

In his reasoning for the judgment, the constitutional judge Wojciech Sych summed this up as follows: "The Constitutional Court cannot be regarded as a court." Thus Poland does not have to implement a certain judgment of the European Court of Human Rights.

"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."

Poland's national-conservative PiS government has been restructuring the judicial system for years. Because of the reforms, the EU Commission has already opened several infringement proceedings against the government in Warsaw and has filed lawsuits with the European Court of Justice (ECJ). Among other things, the Brussels authority has doubts about the independence of the Polish constitutional court, which has now passed this judgment. The chair is Julia Przylebska, a close confidante of PiS boss Jaroslaw Kaczynski. This court recently ruled that national law took precedence over EU law.

The current decision of the Constitutional Court relates to a judgment of the Human Rights Court of May 7, 2021. The company Xero Flor sued after the Polish Constitutional Court rejected its case.

Because there were doubts about the legal appointment of one of the judges who made this decision, the company took the matter to the Strasbourg court.

This confirmed the plaintiff and awarded him compensation.

The European Court of Human Rights, based in Strasbourg, France, is part of the Council of Europe.

The bodies that are independent of the European Union work together to protect human rights in the 47 member states, including Russia.

The judgments of the Court of Justice are binding.

Note: In an earlier version of the article, the European Convention on Human Rights was assigned to the EU.

In fact, it is a Council of Europe convention.

ngo / afp / dpa / Reuters