Marcin Dziurda, Anna Korwin-Piotrowska, Krystian Markiewicz and Maciej Taborowski are 4 judges whose president Bogdan Święczkowski refuses to give his ruling. The case went to the European Court of Human Rights, which ordered them to carry out their duties. However, the Constitutional Court itself considers that the ECHR does not have the power to do so at all. And we're getting a hell of a storm.
There is simply a answer from the Constitutional Court on the ETPC decision
The Constitutional Tribunal has published on social media a position in which it straight questions the competence of the body in Strasbourg to interfere in the interior affairs of the Polish judiciary. The message stresses that the ETPC goes beyond its function in trying to influence the state's system. The Constitutional Tribunal takes the view that European judges cannot impose decisions on the Polish authorities concerning the cast of the most crucial judicial institutions.
"We remind you that it is not up to the European Court of Human Rights to decide on the constitutional strategy of the bodies of the Republic of Poland or to carry out tasks of the labour court. Nor can he oblige any Polish authority, including the government, to interfere with the competence of the ultimate judicial authority" - we read in the message of the Constitutional Tribunal on X.
In addition, the TK pointed out that the announcement of the complainants' proxy was simply an "author interpretation" of the ETPC's activities. According to the Court, the action by judges should not be dealt with at all due to the fact that the legal way in the country has not been exhausted. "In accordance with Article 35 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the legal path, which is simply a condition for a complaint to the European Court of Human Rights, has not been exhausted," added the statement, suggesting that no judicial proceedings have been conducted in Poland.
TK spokesperson on "compromising those involved"
A spokesperson for the Constitutional Court, Veronica Scibor, besides took the floor. In his statements to Polsat News, he states that the TK has not received any authoritative documentation in this case, and he learns about the situation from journalists. According to her, the current way of dealing with this case strikes the seriousness of global institutions.
– The Constitutional Tribunal's cognition in this respect derives exclusively from media reports and the laconic operative part of the provision, which was published on the website of the European Court of Human Rights,” said Weronika Ścibor. The spokeswoman spared no harsh words about the people active in the process before the ETPC, calling their actions "compromising".
– The choice of this way is simply a disgrace to those active in this proceeding, including the individual who is in the composition issuing this resolution recommended to this body by the Government of the Republic of Poland – Scibor concluded, suggesting that the full process is political alternatively than legal.
