In an interim resolution published on 8 June, the Council of Europe’s Committee of Ministers condemned the “continued noncompliance of Poland” with a judgment handed down in May 2021 by the European Court of Human Rights, which found that the composition of the Polish Constitutional Court was irregular and subject to interference by the executive.
In the case “Xero Flor v. Poland”, the Strasbourg judges found that these irregularities had resulted in a violation of the right to a fair trial and the right to a court hearing established by law (Article 6 paragraph 1 of the European Convention on Human Rights).
In response, the Council of Europe’s Committee of Ministers for Foreign Affairs noted “with grave concern” that the Polish Constitutional Court issued a judgment in November 2021 declaring that this article – as interpreted by the Court – was incompatible with the Polish constitution, thereby rendering unenforceable the decision of the European Court of Human Rights.
The applicant’s rights had therefore not been recognised, said the Committee of Ministers in conclusion, emphasising that “rapid remedial action” was needed to ensure the legal composition of the Polish Constitutional Court and to remove judges who had been elected in a manner that could not be considered legal.
“This case is part of a wider context of successive judicial reforms aimed at weakening judicial independence in Poland”, states the resolution.
Poland has been asked to provide further information by 15 September.
The case will be re-examined by the Committee of Ministers in December. Link to the interim resolution: https://aeur.eu/f/7cn (Original version in French by Véronique Leblanc)