Tag: Xero Flor w Polsce Sp. z o.o. v. Poland

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. 

The Polish politically captured Constitutional Tribunal ruled in case K 6 /21 that it is not a court within the meaning of the European Convention on Human Rights. It also ruled that the European Court of Human Rights cannot judge the legality of judicial appointments. We publish argumentation presented in the case before the Constitutional Tribunal by the Commissioner for Human Rights.

Concerted effort of the CJEU and the ECtHR may result in the hindering of some of the negative effects of changes in the judiciary. So far it has been the CJEU that has been active, with the courageous involvement of national judges and civil society – writes prof. Adam Bodnar, the Commissioner for Human Rights