New ECHR Complaint Filed Over Constitutional Tribunal Judges

The Dean of the Warsaw Bar Association announced that attorney Sylwia Gregorczyk-Abram will file a formal complaint with the ECHR regarding the four Constitutional Tribunal judges blocked from assuming their duties.

Legal Action at the ECHR

Katarzyna Gajowniczek-Pruszyńska, Dean of the Warsaw Bar Association, confirmed that the complaint will be submitted to the European Court of Human Rights. The document is being prepared by attorney Sylwia Gregorczyk-Abram to support the efforts to allow the judges to assume their judicial roles.

Earlier Interim Measure

One month ago, the ECHR issued an interim measure ordering Poland to cease hindering the four judges, elected by the Sejm in March, from assuming and performing their judicial duties. The decision followed an application filed by the four judges, registered as Dziurda and Others v. Poland.

Contradictory Stance of the Tribunal President

Constitutional Tribunal President Bogdan Święczkowski submitted a letter to the ECHR stating that the Tribunal is not obstructing the applicants because, in his view, they are not judges. He maintains that no service relationship has been established for four of the six individuals elected in March.

Disputed Judicial Appointments

On March 13, the Sejm elected six judges to the Constitutional Tribunal. While two appointees were sworn in at the Presidential Palace, the remaining four performed their oath in the Sejm’s Column Hall, a process the Tribunal President refused to recognize as valid.

Governmental Recognition

Following the refusal to allow them to take office, the four judges appealed to the ECHR. The Polish Ministry of Foreign Affairs subsequently informed the Court that, in the government’s official assessment, the four complainants are indeed legitimate judges of the Constitutional Tribunal.

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