In the latest conflict with the EU, a Polish court ruled that the European rights agreement was incompatible with Polish constitution.
On Wednesday, the Constitutional Tribunal of Poland stated that it was not possible for the European Court of Human Rights to challenge its nomination of judges.
Criticisms dismiss the Constitutional Tribunal, which is seen as politicised and discredited by some. This year’s crisis at the European Union was triggered by its ruling that parts the bloc’s treaties do not match the Polish constitution.
“Article 6 [of the Convention]… insofar as it includes Constitutional Tribunal within its definition of court, isn’t compatible,” said Julia Przylebska (head of Tribunal).
The article, in which the European Court of Human Rights was given the authority to evaluate the legality of the Tribunal judges’ appointment, was she deemed unconstitutional.
Head of the Tribunal Julia Przylebska ruled on Wednesday that the European rights pact is incompatible with its constitution in the nation’s latest clash with the EU
On Wednesday, the Constitutional Tribunal of Poland in Warsaw stated that it was unauthorized by the European Court of Human Rights to challenge its appointments of judges
Judge Przylebska Article 6 of the European Court of Human Rights (pictured) was unconstitutional as it gave the organisation the right to assess the legality of the appointment of the Tribunal’s judges
The ECHR ruled in May that a company was denied the right to a hearing because of the unlawful appointment as a Constitutional Tribunal Judge.
On Wednesday, the Tribunal declared that it wasn’t a court as defined by the Convention since it controls the hierarchy and doesn’t rule on individuals’ right.
The European Convention on Human Rights is applicable to Council of Europe members. It was created after World War Two as an organization to defend human rights. The Council of Europe stands apart from the European Union.
The 47 member countries of the Council of Europe, including Poland have pledged to protect the rights of the European Convention on Human Rights (ECHR).
Marija Pejcinovic-Buric, secretary general of Council of Europe, stated that member states also have to comply with the European Court judgments.
“Today’s judgement from the Polish Constitutional Tribunal raises grave concerns. We’ll carefully evaluate the reasoning behind and its consequences.
Poland is currently in conflict with the European Union for its long-running judicial reforms. The bloc claims that these changes undermine independence and sovereignty of the judiciary.
October saw the Constitutional Tribunal rule that some EU treaties could not be combined with the Polish constitution.
This court was asked by Mateusz Morawiecki, the prime minister of the EU-sceptic Law and Justice Party to examine the state of EU law in the country’s ruling coalition.
Mateusz Morawiecki was Poland’s Prime Minster. He requested that the Constitutional Tribunal rule in the matter. The move was welcomed by Mateusz Morawiecki in an October Facebook post.
Jaroslaw Kaczynski of the Law and Justice Party, which is represented in parliament, welcomed the ruling and stated that Brussels’ ability to rule against the Polish government meant that Poland was ‘not an sovereign state.
His argument was that Brussels had ‘No right to interfere in the affairs of Poland, echoing arguments made in Britain last year by pro-Brexit leaders angry about European red tape restricting Westminster’s authority to rule.
However, the ruling by the Polish court was met with anger at Brussels. European Commission promises to dispute its conclusions and insisted on the supremacy EU law. It sets EU on full collision course towards Warsaw.
Ursula von der Leyen (President of the European Commission) stated she was “deeply concerned” by Poland’s Constitutional Tribunal’s ruling and that the Executive she leads would do whatever it could to preserve the primacy EU law.
On Wednesday, the new German government indicated that it might take a more aggressive stance regarding rule of laws issues. It stated in its coalition agreement with the European Commission that the European Commission must better implement the existing rules of the law and the rulings of European courts.
The nationalist government of Poland claims that its reforms to the judiciary are designed to remove communist remnants and to bring down judges who believe they can ignore the law. The Tribunal’s Wednesday ruling was welcomed by a minister in the cabinet.
Michal Wojcik tweeted, “Today the rule of Law has triumphed over the usurpation or competences.”
In October, a small crowd of protestors gathered in front of the Constitutional Tribunal to demand that the court rule on the compatibility of parts of EU Treaties with Poland’s Constitution.