The EU is humiliated as Polish justices dismantle the power of the European Court of Justice: ‘Rule of law triumphs!’
Poland’s Constitutional Tribunal has rejected the European Court of Human Rights’ supremacy, dealing another blow to Brussels in the ongoing rule of law dispute (ECHR).
Poland’s Constitutional Tribunal decided on Wednesday that the European Court of Human Rights had no authority to review the country’s judicial appointments, overturning a May verdict by Europe’s top human rights court.
The Constitutional Tribunal, which detractors dismiss as a politicized body, has already provoked a crisis in the European Union this year by determining that sections of the bloc’s treaties are incompatible with Poland’s constitution.
Despite being part of the Council of Europe and separate from the European Union’s institutions, the ECHR is responsible for many of the EU’s general principles, therefore this is yet another setback for the bloc.
The head of the Polish Tribunal, Judge Julia Przylebska, stated that “Article 6 of the Convention, insofar as it includes the Constitutional Tribunal in its definition of a court, is incompatible” with the Polish constitution.
She claimed that the clause was illegal because it granted the European Court of Human Rights (ECHR) the power to review the legitimacy of the Tribunal’s judges’ appointments.
The European Court of Human Rights found in May that a company’s right to a fair hearing had been violated due to the improper selection of a Constitutional Tribunal judge.
The Tribunal said on Wednesday that it was not a court under the Convention since it oversees the legal hierarchy and does not pronounce on individual rights.
“All 47 Council of Europe member states, including Poland, have promised to protect the rights and freedoms set out in the European Convention on Human Rights, as interpreted by the ECHR,” said Marija Pejcinovic Buric, secretary general of the Council of Europe.
“Judgments of the European Court of Justice must also be implemented by member states.”
“Today’s verdict from the Polish Constitutional Tribunal is unprecedented and raises major concerns,” France said of Britain’s role in the Channel migrant disaster.
“We’ll examine the reasons behind the decision as well as its implications.”
Poland has been at odds with the European Union for years over judicial reforms that the bloc claims harm the independence of the judiciary.
On Wednesday, the incoming German administration hinted that it would take a tougher position. “Brinkwire News Summary.”