The provisions enshrine the right of the ECHR to verify the independence of judges of the Constitutional Court. In this court, however, it was 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 concluded that some of the provisions of the European Convention on Human Rights are inconsistent with the country’s fundamental law and, therefore, unconstitutional, informs Wiadomosci newspaper.
This is the part of the convention that states that the European Court of 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 grounds to check the independence of judges of the Constitutional Court, since its sources are the constitution and statutes. <...> Judicial independence is always assessed in relation to a specific case pending before the court, ”said judge Wojciech Sych, 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.”