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Convention for the Protection of Human Rights – application of the Prosecutor General Zbigniew Ziobro to the Constitutional Tribunal. Adam Bodnar comments

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In July, the prosecutor general Zbigniew Ziobro asked the Constitutional Tribunal to review the constitutionality of the European Convention on Human Rights. At the end of November, the Constitutional Tribunal, chaired by Julia Przyłębska, will consider the application. The former ombudsman, Adam Bodnar, referred to this issue in “Fakty po Faktach”. He also commented on the current relations between Poland and the European Union. He pointed out that “the prime minister became a de facto hostage of the main architect of the judiciary reform, i.e. Minister Zbigniew Ziobro”.

Ziobro’s request to examine Art. 6 sec. 1 sentence 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, in so far as the term “court” includes the Constitutional Tribunal, the Constitutional Tribunal is scheduled to attend on 24 November.

In the justification of the application, it was admitted that the constitutional review of the Convention is an unprecedented event in the jurisprudence of the Constitutional Tribunal. “The fact that we are dealing with a monument of international law does not exempt the Constitutional Tribunal from fulfilling its constitutional role -” the court of the last word “, whose duty is to defend the legal system of the Republic of Poland” – argued Ziobro.

In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

Application for conformity testing: 1. Art. 6 sec. 1, first sentence of the Convention for the Protection of Human Rights and Fundamental Freedoms, drawn up in Rome on November 4, 1950, amended by Protocols No. 3, 5, 8 and supplemented by Protocol No. 2 (Journal of Laws of 1993, No. 61, item 284), to the extent to which the term “court” used in this provision includes the Constitutional Tribunal of the Republic of Poland under Art. 2, art. 8 sec. 1, art. 10 sec. 2, art. 173 and art. 175 sec. 1 of the Polish Constitution; 2.Art. 6 sec. 1, first sentence of the convention referred to in point 1, in so far as it equates the guarantee resulting from this provision that an individual case will be examined within a reasonable time by an independent and impartial tribunal established by law when deciding on the rights and obligations of a given entity of a civil nature or on the merits of any accusation in a criminal case brought against him with the competence of the Constitutional Tribunal to adjudicate on the hierarchical compliance of provisions and normative acts specified in the Constitution of the Republic of Poland, and thus allows the proceedings before the Constitutional Tribunal to be covered by the requirements resulting from Art. 6 of the ECHR with Art. 2, art. 8 sec. 1, art. 79 sec. 1, art. 122 sec. 3 and 4, art. 188 points 1-3 and 5 and article. 193 of the Polish Constitution; 3.Art. 6 sec. 1, first sentence of the convention referred to in point 1, to the extent that it includes the assessment by the European Court of Human Rights of the legality of the process of selecting judges of the Constitutional Tribunal in order to determine whether the Constitutional Tribunal is an independent and impartial tribunal established by the Act pursuant to Art. 2, art. 8 sec. 1, art. 89 sec. 1 point 3 and art. 194 paragraph. 1 of the Polish Constitution.

The hearing in this case is scheduled for November 24th at 11:00 am. The adjudicating panel of the Constitutional Tribunal will include president Julia Przyłębska (chairman), judge Wojciech Sych (rapporteur), judge Zbigniew Jędrzejewski, judge Bartłomiej Sochański and judge Michał Warciński.

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Constitutional CourtRadek Pietruszka / PAP

The former ombudsman, Adam Bodnar, referred to this issue in “Fakty po Faktach”. – We find out that a case has been referred to the Constitutional Tribunal which questions the validity of the European Convention on Human Rights in Poland. When I saw it, I even smiled a bit, because the same Zbigniew Ziobro is conducting his own private case with his mother before the European Court of Human Rights, and now he is questioning the constitutionality of the European Convention on Human Rights – commented the former Commissioner for Human Rights.

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– It’s all upside down. It is not about solving the problem, but perhaps some preparation for the election campaign and using discussions with the European Union for its own political benefits, he added.

Bodnar: the prime minister has become a de facto hostage of the chief architect of the reform of the judiciary

Bodnar was asked if the money from the Reconstruction Fund for Poland was moved away from today a resolution of the European Parliamenthe replied that “significantly, but not because of the resolution, but because the Polish government ignores and disregards the ruling of the Court of Justice of the European Union”.

The former Ombudsman, in the context of Poland’s current relations with the European Union, assessed that “on the one hand, there is an attempt to negotiate”. – Some must take place, I do not believe that they do not take place at the European level. Let us remember, however, that the prime minister has become a de facto hostage of the main architect of the judiciary reform, i.e. Minister Zbigniew Ziobro – he said.

Bodnar: the prime minister has become a hostage of Zbigniew ZiobroTVN24

He pointed out that “a day before the debate, Minister Ziobro was organizing a press conference on Germany’s alleged appeal to the Court of Justice of the European Union on the grounds that allegedly there are threats to the rule of law in Germany”.

Zbigniew Ziobro and Mateusz MorawieckiEast News / Piotr Molecki

Main photo source: Radek Pietruszka / PAP



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