The right of two Polish judges to a fair hearing has been violated following the rejection of their applications for appointment, according to today’s ruling of the European Court of Human Rights, which calls into question the independence of the Polish judiciary.
The ruling is the latest blow to Poland in its clash with Brussels over respect for the rule of law and justice reforms introduced by Warsaw in violation of judicial independence, critics say.
The Law and Justice Party (PiS) government insists the reform aims to “rid the system of the remnants of the communist era”.
In its ruling today, the European Court of Human Rights criticizes the National Judicial Council of Poland, the body responsible for appointing judges and examining actions for breach of ethics.
Judges Monica Ioanna Dolinska-Fitsek and Arthur Ozimek appealed to the European Court of Human Rights after their applications for appointment were blocked in Poland, while appealing to the National Judicial Council and the Extraordinary and Plenipotentiary independence and impartiality.
“The Court has ruled that the Extraordinary Audit and Public Affairs Chamber of the Supreme Court, which examined the cases of the two applicants, is not a court under the law,” reads the text of today’s decision.
Poland is required to pay 15,000 euros to each of the two judges. The court also ruled that “for the sake of the rule of law … and the independence of the judiciary, rapid remedial action is required on the part of the Polish state”.
The Court of Justice of the European Union has asked Poland to abolish the Disciplinary Body of the Supreme Court, because it lacks independence and its operation violates European law.
Warsaw has announced that it will abolish the Disciplinary Body and possibly replace it with a new body, but has not presented its plans so far.
The Supreme Court of Poland has recently ruled that elements of European Union law are incompatible with the Polish constitution, violating the principle of the supremacy of European law over national law, which is a cornerstone of European integration.
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