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Poland monitors extremely concerned at Polish Constitutional Court decision challenging the supremacy of the European Convention on Human Rights

The co-rapporteurs for Poland of the Monitoring Committee, Azadeh Rojhan Gustafsson (Sweden, SOC) and Pieter Omtzigt (Netherlands, EPP/CD), have today expressed their deep concern at yesterday’s ruling by the Polish Constitutional Tribunal that Article 6 (1) of the European Convention on Human Rights (the right to a fair trial by an independent tribunal) is not compatible with the Polish Constitution if applied to the Constitutional Tribunal or used to give the Court in Strasbourg the right to assess the legality of the process of electing judges to the Constitutional Tribunal.

“This ruling is a direct and unacceptable challenge to the supremacy of the European Convention on Human Rights. All Council of Europe member States have the obligation to execute the judgments of the European Court of Human Rights, and we fully expect Poland to honour its legal obligations in this regard. Article 6 guarantees the right to a fair trial and is a cornerstone for the rule of law, and it is extremely worrying that precisely this is challenged," the co-rapporteurs said.