Article 6(1), first sentence, of the Convention for the Protection of Human Rights and Fundamental Freedoms, insofar as the term 'tribunal' used therein comprises the Constitutional Tribunal K 6/21
Ref. No. K 6/21
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 24 November 2021
The Constitutional Tribunal, composed of:
Julia Przyłębska – Presiding Judge
Zbigniew Jędrzejewski
Bartłomiej Sochański
Wojciech Sych – Judge Rapporteur
Michał Warciński,
Recording Clerk – Michał Rylski,
having considered, at the hearing on 24 November 2021 – in the presence of the applicant, the President of the Republic of Poland, the Sejm, the Minister of Foreign Affairs, and the Polish Ombudsman [also referred to as the Polish Commissioner for Human Rights] – the application of the Public Prosecutor-General, lodged with the Constitutional Tribunal to assess the conformity of:
1) Article 6(1), first sentence, of the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on 4 November 1950, amended by Protocols Nos. 3, 5 and 8 as well as supplemented by Protocol No. 2 (Journal of Laws – Dz. U. of 1993 No. 61, item 284) – “insofar as the term ‘tribunal’, used in that provision, comprises the Constitutional Tribunal of the Republic of Poland” – to Article 2, Article 8(1), Article 10(2), Article 173 and Article 175(1) of the Constitution;
2) Article 6(1), first sentence, of the Convention for the Protection of Human Rights and Fundamental Freedoms – “insofar as the said provision equates the guarantee that an individual case is to be considered within a reasonable time by an independent and impartial tribunal established by law, in the determination of the individual’s civil rights and obligations or of any criminal charge against him/her, with the Constitutional Tribunal’s jurisdiction to adjudicate on the hierarchical conformity of the provisions and normative acts indicated in the Constitution of the Republic of Poland, and thus permits the application of the requirements arising from Article 6 of the ECHR to proceedings before the Constitutional Tribunal” – to Article 2, Article 8(1), Article 79(1), Article 122(3) and (4), Article 188(1)-(3) and (5) as well as Article 193 of the Constitution;
3) Article 6(1), first sentence, of the Convention referred to in point 1 – “insofar as it comprises the European Court of Human Right’s review of the legality of the process of electing judges to the Constitutional Tribunal so that it could be determined whether the Constitutional Tribunal is an independent and impartial tribunal established by law” – to Article 2, Article 8(1), Article 89(1)(3) and Article 194(1) of the Constitution;
adjudicates as follows:
1. Article 6(1), first sentence, of the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on 4 November 1950, amended by Protocols Nos. 3, 5 and 8 as well as supplemented by Protocol No. 2 (Journal of Laws – Dz. U. of 1993 No. 61, item 284, as amended) – insofar as the term ‘tribunal’ used in that provision comprises the Constitutional Tribunal of the Republic of Poland – is inconsistent with Article 173 in conjunction with Article 10(2), Article 175(1) and Article 8(1) of the Constitution of the Republic of Poland.
2. Article 6(1), first sentence, of the Convention referred to in point 1 – insofar as it grants the European Court of Human Rights the jurisdiction to review the legality of the process of electing judges to the Constitutional Tribunal – is inconsistent with Article 194(1) in conjunction with Article 8(1) of the Constitution.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Julia Przyłębska
Zbigniew Jędrzejewski
Bartłomiej Sochański
Wojciech Sych
Michał Warciński