The European Court of Human Rights (ECtHR) issued an injunction on Tuesday, directing the Polish government to suspend any actions obstructing the admission of the four judges elected by the Sejm on 13 March to the Constitutional Tribunal (TK). During this election, the government’s majority in the Sejm, which is the lower house of parliament, appointed six new judges to fill vacancies on the 15-member tribunal. However, the election of four of them was opposed by lawmakers from the Law and Justice party (PiS).
Under current legislation, judges are required to take an oath before the president before assuming their positions. Nationalist-populist President Karol Nawrocki, known for his frequent conflicts with the government, has invited only two of the six judges to be sworn in, citing concerns about the legality of the Sejm’s election process.
It is noteworthy that the Constitutional Tribunal continues to be overseen by judges appointed during the previous PiS administration. This ongoing situation has been brought to the attention of the ECtHR for consideration.
On Wednesday, MEP Michał Wawrykiewicz (EPP), vice-coordinator of the LIBE Committee of the European Parliament, stated that the ECtHR’s decision is immediately effective and enforceable. Poland is required to comply with this ruling and all interim measures issued by the ECtHR. The decision mandates the immediate admission of four judges to the Constitutional Tribunal to fulfil their adjudicatory functions: Krystian Markiewicz, Maciej Taborowski, Anna Korwin-Piotrowska, and Marcin Dziurda.
The Polish government welcomed the decision, with Prime Minister Donald Tusk affirming the necessity of its enforcement. “The European Court of Human Rights has unequivocally resolved the case of the Constitutional Tribunal judges selected by the Sejm. The state is obliged to remove all obstacles preventing it from adjudicating. Got it?” Prime Minister Tusk stated on X.
Conversely, a statement from the TK, whose chief justice is aligned with PiS, asserted that the ECtHR lacks the jurisdiction to adjudicate this issue, characterising it as an internal matter for Poland. “We remind you that the European Court of Human Rights does not have jurisdiction over the constitutional framework of the Republic of Poland’s institutions, nor can it perform the functions of a labour court. Furthermore, it cannot compel any Polish authority, including the government, to interfere with the powers of the supreme judicial authority, which is the @TK_GOV_PL,” the statement indicated.
In response to these claims, MEP Michał Wawrykiewicz emphasised in a recent post, “Those who issue TK statements should recognise that the ECtHR operates based on the European Convention on Human Rights and is certainly entitled to impose binding measures. This is the essence of an interim measure.” He further noted, “Poland is a signatory to the Convention (ECHR) and has a legal obligation to adhere to it, as well as to comply with the Court’s judgments. It is important to foster a deeper understanding of these responsibilities.”
