The provisions enshrine the right of the ECHR to verify the independence of judges of the Constitutional Court. This court, however, 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 Polish Constitutional Court has concluded that some of the provisions of the European Convention on Human Rights are inconsistent with the country's fundamental law and, therefore, unconstitutional, according to the Wiadomosci newspaper.
This is the part of the convention where it is said that the European Court of Justice on 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 basis for verifying the independence of judges of the Constitutional Court, since its sources are the constitution and statutes. & lt; … & gt; Judicial independence is always assessed in relation to a specific case pending before the court, '' & mdash; said Judge Wojciech Sycz, who announced the decision.
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 jurisprudence of the ECHR and the role it plays in the development and improvement of standards in the field of human rights protection.
Proceedings of the European Convention on Human Rights took place after Prosecutor General Zbigniew Zebro submitted a request in July. He, in turn, referred to the precedent & mdash; Xero Flor v. Polish authorities.
The company tried to challenge the amount of compensation awarded to it in court, and eventually came to proceedings in the Constitutional Court. However, this instance decided to terminate the consideration of the case. Then Xero Flor applied to the ECHR, which agreed with her arguments and concluded that the company's right to a fair hearing 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 due to the reform of its the judicial system, which began in 2017. Thus, in October, the Polish Constitutional Court ruled that four provisions of the Treaty on the European Union contradict the country's Constitution and should not prevail over it. These provisions talk about freedom, democracy, the rule of law and equality. The decision was widely criticized in the EU.
At the end of October, the EU court in Luxembourg ordered the Polish government to pay a fine until it brought national legislation in line with EU norms. Penalties amounted to & euro; 1 million a day.
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