Polish tribunal rules European rights court may not question judges

WARSAW (Reuters) – A top Polish court ruled on Thursday that the European Court of Human Rights (ECHR) could not question the appointment of Polish judges, a verdict that may further strain Warsaw’s relations with Europe.

In power since 2015, the conservative Law and Justice (PiS) party has clashed with European institutions over issues from judicial reforms and refugees to climate change and LGBT rights.

Yet it is now calling for European solidarity and EU funds to help deal with the influx of over 1.4 million refugees from Ukraine after a Russian invasion which started two weeks ago.

Critics accuse the PiS of trampling on European democratic values and politicising courts via appointments and disciplinary processes to entrench power. But the government says changes are needed to improve efficiency and clean up the judiciary of remnants of the 1945-89 communist era.

On Thursday, Poland’s Constitutional Tribunal said that the Strasbourg-based ECHR had no right to question the appointment of Polish judges.

“The ECHR does not have the right to modify the authentic text according to the judges’ own vision,” said judge Mariusz Muszynski, who himself was considered illegally appointed by the ECHR..

The Strasburg court has several dozen cases pending over appointments of Polish judges. In the past, it has also ruled against a Polish “disciplinary chamber” for lawyers.

“The Polish Constitutional Tribunal is now in line with the Russian Constitutional Court,” Adam Bodnar, former Human Rights Ombudsman wrote on Twitter, referring to the 2015 law allowing Russia’s court to decide whether or not to implement rulings of the ECHR.

Poland has ignored multiple past rulings by European bodies over its judiciary and other matters, saying they were illegal and politically-motivated interference.

Later this month, the Constitutional Tribunal is due to debate whether the EU’s Court of Justice may impose interim measures or financial penalties on Poland.

(Reporting by Anna Koper and Anna Wlodarczak-Semczuk; Editing by Jonathan Oatis)