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Marija Pejčinović Burić, Secretary General of the Council of Europe asks Zbigniew Rau about the decisions of the Constitutional Tribunal on the European Convention on Human Rights

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The Secretary General of the Council of Europe, Marija Pejčinović Burić, wrote a letter to Zbigniew Rau, the head of the Polish Ministry of Foreign Affairs, formally demanding explanations regarding the judgment of the Constitutional Tribunal of November 24. The Constitutional Tribunal then decided that Article 6 of the European Convention on Human Rights was inconsistent with the Polish constitution.

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As we read in the statement of the Council of Europe, in a letter to the Polish Minister of Foreign Affairs, the Secretary General of the Council of Europe, Marija Pejčinović Burić, today took the formal step of asking for clarification on how, in the context of the recent judgment of the Constitutional Court, Poland will ensure the effective implementation of its obligations under European Convention on Human Rights.

It added that the proposal relates in particular to the right to a fair trial before an independent and impartial tribunal established by law and to the role of the European Court of Human Rights as the final authority on the interpretation of the Convention.

Poland has until March 7, 2022 to respond.

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Decision of the Constitutional Tribunal

On November 24, the Constitutional Court ruled that inconsistent with the constitution is the provision of the European Convention on Human Rights in the scopein which it grants the European Court of Human Rights the competence to assess the legality of the election of judges of the Constitutional Tribunal. It is a request submitted to the Constitutional Tribunal by Zbigniew Ziobro, Minister of Justice and Prosecutor General, in July. In his application, he referred, inter alia, to the judgment of the ECtHR of May this year in the case of the Xero Flor company. The Court then found that Poland had violated the right to a fair trial and fair trial. The composition of the Constitutional Tribunal consisted of a judge elected to the previously filled seat.

Main photo source: YANNIS KOLESIDIS / EPA / PAP



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