The European Court of Human Rights (ECHR) has ruled against Poland for its attempt to assault the Judiciary and try to restrict its impartiality and independence. Strasbourg once again asks the rulers of the Law and Justice Party (PiS) to desist from their numerous attempts to control the activity of judges.
This new judicial setback endorses the request of the European Community that the Government correct the current election of the Council of the Judiciary (NCJ) and prevent the powers of the State from influencing its decisions. The judgment that has been voted unanimously warns that there has been a violation of the right to a fair trial in accordance with the European Convention on Human Rights.
Strasbourg has emphasized that the different changes that Poland has enacted in its Judicial Power have affected its independence. The Court found that the procedure for the election of judges had been “unduly influenced” by the legislative and executive branches.
The Court emphasized that its task was not to assess the legitimacy of the reorganization of the Polish judiciary as a whole, but to determine whether the changes had affected it. And, if so, the rights of Mrs Dolińska-Ficek and of the Lord. Ozimek under Article 6.1 of the Convention, regarding having a fair trial.
The Strasbourg court indicates that “ while the violation of the plaintiffs’ rights originated in the amendments to Polish law that deprived the Polish judiciary of the right to elect judicial members of the NCJ and allowed the executive and the legislative interfere directly or indirectly in the judicial appointment procedure “, and also specified that” the legitimacy of a court composed of judges appointed in this way is systematically compromised and prompt corrective action is required by the Polish State. “
“Crucial” moment for block recovery
The President of the European Commission, Ursula von der Leyen has warned the governments of Poland and Hungary on Monday that “every euro and every cent” of the EU budget must be spent respecting the principles of the rule of law, especially at a time “Crucial” for block recovery.
In a conference on the Community budget, the German has stressed that the Union is investing “more than ever” to promote a “collective recovery” and, consequently, it is necessary “to take special care that the money is used properly and effectively » .
‘We have to ensure that every euro and every penny is spent according to its own purpose and in line with the principles of the rule of law. It is not only a vital ingredient in our economies, it also builds confidence for investors and companies at this crucial time, ”he said, without specifically naming Warsaw and Budapest .
Von der Leyen recalled that the bloc now has a mechanism with which it can suspend the disbursement of European aid, both from the budget and from the recovery fund, to a country that has violated the principles of the rule of law.
Although this possibility exists since last January 1, the Community Executive resists for now to start the process and has even been sued by the European Parliament for delaying the process. Brussels’ argument is that the EU Court of Justice (TEU) has yet to rule on the legality of the mechanism following the appeals brought by Poland and Hungary.
In this context, Von der Leyen has affirmed that the future ruling of the Luxembourg court on this issue “will bring clarity for all” because “the investments that allow our best to have a better future cannot be allowed to disappear through hidden channels”.
The President of the European Commission refers in this latest statement to the so-called “twin transitions”, the ecological and the digital, in which a large part of the efforts contemplated in the EU budget until 2027 (of more than one trillion euros) and in the recovery fund of 806,000 million.
In fact, and coinciding with the UN Climate Summit in Glasgow (COP26), Von der Leyen has raised to 470,000 million euros the investments necessary each year for the bloc to reach the climate objectives agreed for 2030.
