Council of Europe wants answers from Poland following controversial ruling

The country’s Constitutional Tribunal ruled on 24 November that Article 6(1) of the European Convention, which protects the right to a fair trial, is unconstitutional. [Shutterstock / Marco Merk Bruno]

Poland should explain how, in the context of the Constitutional Court’s recent judgment, it would ensure the effective implementation of its obligations under the European Convention on Human Rights, Council of Europe Secretary General Marija Pejčinović Burić asked the Polish Foreign Minister Zbigniew Rau in a letter sent on Tuesday.

The country’s Constitutional Tribunal ruled on 24 November that Article 6(1) of the European Convention, which protects the right to a fair trial, is unconstitutional in so far as it confers powers on the European Court of Human Rights to assess the legality of the election of judges of the Polish Constitutional Tribunal.

The ruling responded to a question submitted in July by Justice Minister and Prosecutor General Zbigniew Ziobro.

“All 47 Council of Europe member states, including Poland, have undertaken to secure the rights and freedoms set out in the European Convention on Human Rights, as interpreted by the European Court of Human Rights. Member states are also obliged to implement the European Court’s judgments,” Burić said in her statement.

(Kinga Wysocka | EURACTIV.pl)

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