Strasbourg Court says Polish Extraordinary Review Chamber not independent

The European Court of Human Rights in Strasbourg ruled on Monday that Poland’s Supreme Court’s Extraordinary Review and Public Affairs Chamber is not an independent court. The case is related to the judicial reform pushed by the ruling Law and Justice Party (PiS).

The case involved two judges who applied for judicial positions, but the National Council of the Judiciary refused to recommend them. When they appealed to the Supreme Court, their complaint was dismissed by the Extraordinary Review Chamber.

They both claimed that they were deprived of their right to a fair hearing. The ECHR confirmed their opinion and said that Poland violated Article 6 of the European Convention on Human Rights.

“The ECHR goes beyond its competence at the expense of the powers of a sovereign state,” Polish justice minister and prosecutor general Zbigniew Ziobro said, quoted by Gazeta Wyborcza, EURACTIV Poland’s partner.

He added that the ruling was political, not legal, and would refer the matter to the Constitutional Tribunal.

On the other hand, lawyers from the Free Courts initiative (Wolne Sądy) pointed out that “this is the first time that the European Court of Human Rights has said so much about a gross, systemic violation of the rule of law in Poland.”

“It also made it clear that this judgment is part of the whole system of violations of law and standards in our country since 2017,” they added.

(Paulina Borowska | EURACTIV.pl)