The Polish Constitutional Tribunal has challenged an interim ruling by the European Court of Human Rights, asserting the ECHR lacks authority over the nation’s constitutional structure and judicial appointments.
Dispute over the scope of the ECHR and the status of TK judges
The Constitutional Tribunal announced that the European Court of Human Rights lacks the competence to resolve matters concerning the structure of Poland’s constitutional bodies or to act as a labor court. This response addresses an interim decision regarding four of the six judges selected by the Sejm in March.
The decision concerns judges Krystian Markiewicz, Maciej Taborowski, Anna Korwin-Piotrowska, and Marcin Dziurda. While the Sejm selected six judges, only two took their oaths before President Karol Nawrocki, while the others took oaths “before the president” at the Sejm on April 9—an act the Tribunal President deemed insufficient for official appointment.
ECHR interim decision regarding TK judges
Following a case initiated by the four judges, the ECHR issued an interim decision on May 5. The court requested that Polish authorities refrain from obstructing the applicants from performing their judicial duties as Constitutional Tribunal judges until a new decision is rendered.
TK position and the failure to exhaust legal remedies
TK spokesperson Weronika Ścibor emphasized that the ECHR cannot mandate Polish authorities to interfere with the competencies of the Constitutional Tribunal. She further characterized the statements made by the plaintiffs’ lawyer as a personal interpretation of the ECHR’s decision.
Ścibor also noted that no domestic legal proceedings had been initiated in this case. She argued that the legal remedies required under Article 35 of the European Convention on Human Rights had not been exhausted, calling the current legal path a disgrace to those involved.