A number of provisions of the European Convention on Human Rights are incompatible with the Polish constitution. This is the conclusion reached by the Constitutional Court (CC) in Warsaw. This was announced on Wednesday, November 24, by the Deputy Minister of Justice of Poland Sebastian Kaleta.
“The Constitutional Court is overturning a ruling from the European Court of Human Rights (ECHR) that violates our system,” Caleta wrote on Twitter.
The Polish Ministry of Justice referred the case to the Constitutional Court after the ECHR condemned Poland in May for, in Brussels’ opinion, the inappropriate appointment of a constitutional judge. Critics accuse the Warsaw government of undermining the independence of the judiciary and violating the separation of powers. Poland insists that the ECHR has no right to check the legality of the choice of judges of the Constitutional Court.
The European Commission is required to launch a mechanism to deprive Poland of funds from EU funds
Brussels demands from Warsaw to clarify the situation with the observance of the EU legislation. The European Commission has previously been vigorously criticized by members of the European Parliament, activists and opponents of the authorities in Warsaw for the fact that it is pulling using its powers to deprive this country of EU funds. The European Parliament even filed a lawsuit against the EC in connection with its inability to apply this tool.
The EU rule of law mechanism has been in place since early 2021. It provides that the European Commission can reduce the allocation of funds from the joint budget to those states in which there is a threat of misuse of money due to violations of the rule of law.
In April 2020, the European Commission initiated a new investigation against Poland due to the reform of the judicial system in that country. Warsaw was required to bring this system in line with EU standards.