Polish Constitutional Tribunal ruling is another blow to EU

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Polish Constitutional Tribunal ruling is another blow to EU

It may include adverts from us and 3rd parties based on our understanding. The Constitutional Tribunal, which has been dismantled by critics as a politicised body, has already caused a crisis in the European Union this year by ruling that parts of the bloc's treaties are incompatible with the Polish constitution. The ECHR is a member of the Council of Europe and is separate from the institutions of the European Union, but it is behind many of the general principles of EU law, so this will be another blow to the bloc. Judge Julia Przylebska, head of the Polish Tribunal, said that 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. She said the article was unconstitutional in as far as it gave the European Court of Human Rights the right to assess the legality of the appointment of the Tribunal's judges.

In May, the ECHR ruled that a company had been denied its right to a proper hearing due to the illegal appointment of a Constitutional Tribunal judge. In Wednesday's ruling, the Tribunal said that it was not a court under the Convention as it controls the hierarchy of laws and does not rule on individuals' rights. According to Marija Pejcinovic Buric, the Secretary General of the Council of Europe, all 47 Council of Europe member states, including Poland, have pledged to secure the rights and freedoms set out in the European Convention on Human Rights, as interpreted by the European Convention on Human Rights. Member states are also obliged to implement the judgments of the European Court. Today's decision from the Polish Constitutional Tribunal is unavoidable and raises serious concerns. We will examine the judgment's reasoning and its effects. The EU has been involved in a long-running dispute with Poland over its judicial reforms, which the bloc says undermines the independence of the courts. In its coalition agreement, the German government indicated on Wednesday that it may take a harder stance on rule of law issues, saying that the European Commission should better implement existing rule of law instruments and rulings of European courts.