The selectivity in complying with ECtHR judgments was dressed up to appear as the checking of the constitutionality of the provisions of an international convention.  This is why the operative part of the judgment of the Constitutional Tribunal states that Article 6 of the ECHR is unconstitutional, which in itself is outrageous. 

“Can a judge support his own candidacy for the National Council of the Judiciary, as Nawacki did? I don’t think so. After all, a candidate is on such a list because he agreed to run. So he is to perform two roles (active and passive) simultaneously? And defects concerning one candidate makes the whole list null and void,” says Ewa Łętowska

The Supreme Court’s resolution avoids the competence dispute that political decisions sought to force it into. In its resolution of 23 January, it explained what an independent court is. It also told judges to be careful when ruling, for them to be sure they and their colleagues are all above board.

The rule of law reigns in Poland, but does not necessarily govern. And reigning without governing means powerlessness – writes Ewa Łętowska.

How is it that suddenly, out of nowhere, Poland, the precocious child of transformation, seems to be returning to the culture of mono-power?