ECHR has no jurisdiction over its judge appointment: Poland's Tribunal

by IANS |

Warsaw, Nov 25 (IANS) Poland's Constitutional Tribunal has ruled that the European Court of Human Rights (ECHR) has no jurisdiction over its appointment of judges, in effect ignoring a ruling from May by the European human rights court.

Article 6 of the European Convention on Human Rights, as far as it includes the Constitutional Tribunal in its definition of a court, is not compatible, Tribunal's President Julia Przylebska said on Wednesday.

The May ruling of the ECHR stated that one of the judges of the Constitutional Tribunal was seated unlawfully, denying a company a fair hearing, Xinhua news agency reported.

However, the Tribunal claims the ECHR has no authority over the institution. According to its reasoning, the Tribunal is not a court in the sense of the European Convention on Human Rights. The case was filed by Polish Justice Minister Zbigniew Ziobro.

The Polish Constitutional Tribunal, which according to critics at home and abroad is packed with political allies of the ruling conservative Law and Justice party, had previously sparked a legal crisis in Europe by claiming in early October that some parts of European laws are not in line with Poland's constitution.

Poland has been criticised by its European Union partners for undermining the rule of law by politicising its courts and tightening control over judges.

The Polish government claims its judicial changes are necessary. "Today, the rule of law has won over the usurpation of competences," Deputy Justice Minister Michal Wojcik tweeted on Wednesday.

"Today's judgment from the Polish Constitutional Tribunal is unprecedented and raises serious concerns," said Marija Pejcinovic Buric, the Secretary General of the Council of Europe. "We will carefully assess the judgment's reasoning and its effects."

The ECHR, based in Strasbourg, France, was formed after the Second World War and rules on cases involving the Convention, which applies to all member states of the Council of Europe.

Latest News
Omicron fears: Maha sends 28 samples for genome sequencing Fri, Dec 03, 2021, 11:13 PM
Israel reports 4 new cases of Omicron variant, 7 in total Fri, Dec 03, 2021, 11:12 PM
5 killed, 15 injured in Philippines road accident Fri, Dec 03, 2021, 11:10 PM
Covid: Sri Lanka records first 'Omicron' case Fri, Dec 03, 2021, 11:09 PM
Mob in Pak tortures, burns body of Sri Lankan export manager of a factory Fri, Dec 03, 2021, 11:08 PM
Junior Men's Hockey WC: India suffer 2-4 loss against Germany in semis Fri, Dec 03, 2021, 11:06 PM
IND v NZ, 2nd Test: Job is only half done, says spinner Ajaz Patel after his four-for Fri, Dec 03, 2021, 11:04 PM
Junior Men's Hockey WC: Argentina beat France 3-1 to reach final Fri, Dec 03, 2021, 11:02 PM
Mary Kom supports Special Olympics Bharat Fri, Dec 03, 2021, 11:01 PM
IND v NZ, 2nd Test: Gavaskar's tips, Dravid's encouraging words help centurion Agarwal Fri, Dec 03, 2021, 11:00 PM
IND vs NZ, 2nd Test: Agarwal's ton pushes India ahead after Ajaz Patel's four-for Fri, Dec 03, 2021, 10:59 PM
Don't know if I will ever walk again, but have made my peace with that: Chris Cairns Fri, Dec 03, 2021, 10:58 PM
World Tour Finals: Already qualified for semis, Sindhu loses her final group match to Chochuwong Fri, Dec 03, 2021, 10:56 PM
Yorkshire's entire coaching staff leaves club post Rafiq racism scandal Fri, Dec 03, 2021, 10:56 PM
Four things to look out for in Spain's Matchday 16 Fri, Dec 03, 2021, 10:55 PM