Polish Constitutional Court established This part of the European Convention on Human Rights (ECHR) is not compatible with the country’s constitution. unconstitutionality it comes NSArticle 6 of the Convention Which guarantees the right to a fair trial, by an “independent and impartial court.” In Poland, the decision on incompatibility was made by a court, which, in addition to being according to many tools in the hands of the government, in this case is a judge and a party to the dispute.
After the decision, the Polish Deputy Minister of Justice, Sebastian Kalita, spoke of “a great day for the rule of law and Polish sovereignty,” adding that “a new attempt at illegal interference in the Polish judicial system from abroad has been halted. ».
The far-reaching judicial clash between the European Union and Poland, which became a country with a semi-authoritarian leadership after the far-right Law and Justice party’s victory in the 2017 elections, has been going on for years and worsened last July. On the subject of the disciplinary section of the Supreme Court. The union argues that this section is a body that limits the independence and impartiality of judges, and thus does not guarantee respect for the rule of law in Poland (a principle underpinning modern constitutional democracies, which implies compliance with the laws by both citizens and those who govern them).