The Polish Constitutional Tribunal has rejected an ECHR order regarding newly elected judges, claiming the European court lacks jurisdiction over the country’s constitutional bodies.
ECHR Order and Tribunal Response
The European Court of Human Rights in Strasbourg has ordered Polish authorities to refrain from hindering the duties of judges elected by the Sejm on March 13. The ECHR stated the measure is immediately effective and binding for all Polish institutions, including the TK President, following a unanimous seven-judge decision.
The Constitutional Tribunal disagreed, stating on the platform X that the matter is outside the ECHR’s competence. The Tribunal argued that the ECHR cannot rule on the structure of Poland’s constitutional organs or perform the tasks of a labor court.
Judicial Appointments and Oaths
The complainants are four newly elected judges—Marcin Dziurda, Anna Korwin-Piotrowska, Krystian Markiewicz, and Maciej Taborowski—who are being prevented from presiding by TK President Bogdan Święczkowski. Because President Karol Nawrocki did not invite them to their swearing-in, they completed the formal process before the Marshal of the Sejm, along with two other judges from whom Nawrocki accepted oaths.
Jurisdiction and Procedural Claims
The Tribunal argued that the ECHR cannot bind any Polish organ, including the government, to interfere with the powers of the Constitutional Tribunal, the highest judicial authority. Furthermore, the Tribunal stated it has no knowledge of ongoing national court proceedings in this matter, meaning the legal remedies required under Article 35 of the Convention have not been exhausted.
Spokesperson: An ECHR Embarrassment
TK press spokesperson Weronika Ścibor described the ECHR proceedings as an “embarrassment,” stating that choosing this path embarrasses those involved, including those recommended to the panel by the Polish government. She also noted that the legal representative’s statement regarding Tuesday’s decision is an “author’s interpretation” of the ECHR ruling published in the media.
Previously, attorney Sylwia Gregorczyk-Abram stated that Bogdan Święczkowski should allow the judges to perform their functions and, as soon as they arrive at the Tribunal, assign them chambers and cases.
