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Polish Tribunals: European Court Can’t Question Appointment Of Judges

2 min read

Alka Verma –

Published on: November 26, 2021 at 15:35 IST

On Wednesday, the Constitutional Tribunal of Poland stated that the European Court of Human Rights does not possess any power to question the appointment of its Judges.

While stating this, the Constitutional Tribunal also rejected an order of Top Human Rights Court of Europe which was issued in May.

In May, the ECHR ruled regarding a matter where a company was denied its Right to a proper hearing because of the illegal appointment of a judge in the Constitutional Tribunal.

Talking about the Judgment given by ECHR in May, the Tribunal stated that it was not a Court under the Convention as it controls the hierarchy of laws and does not rule on individuals’ rights.

“Article 6 of the Convention as far as it includes the Constitutional Tribunal in its definition of a Court, is not compatible with the Polish Constitution,” stated Judge Julia Przyłębska, head of the Tribunal.

Adding to this, Justice Julia also stated that the Article was already unconstitutional as it gave Rights to the European Court of Human Rights (ECHR) for determining the legality of the Judges appointed in the Tribunal.

It should be noted here that the Constitutional Tribunal has already landed into conflict with the European Union after it ruled that the provisions of the bloc’s treaties are incompatible with the Polish constitution.

The European Convention on Human Rights is applicable to all the members of the said Council. It is an organization which deals with the protection of Human Rights and was formed after World War II. It is pertinent to note here that the Council of Europe is the parent organization of the ECHR and is separate from the European Union.