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European Court of Human Rights investigates Polish Constitutional Tribunal dispute
The European Court of Human Rights (ECHR) has officially communicated the case 'Dziurda and Others v. Poland' to the Polish government. The case involves four Constitutional Tribunal judges—Marcin Dziurda, Anna Korwin-Piotrowska, Maciej Taborowski, and Krystian Markiewicz—who have been prevented from performing their judicial duties by Tribunal President Bogdan Święczkowski.
In May, the ECHR issued an interim measure ordering Poland to refrain from obstructing these judges from assuming and exercising their duties. The ECHR is now investigating whether the failure to comply with this order constitutes an unlawful obstruction of the judges' rights. This development is considered a legal precedent, as it marks the first time a Constitutional Tribunal judge has been a party to a case before the ECHR.
Polish Ministry of Justice officials, including Deputy Minister Maria Ejchart, stated that the case has entered a critical contentious phase. Meanwhile, President Święczkowski has previously cited past disruptions by the judges as the reason for denying them entry to official proceedings, a situation that led to police and prosecutor intervention.
Entities
Bogdan Święczkowski · Constitutional Tribunal · European Court of Human Rights · Krystian Markiewicz · Marcin Dziurda · Maria Ejchart · National Prosecutor's Office · Poland
Claims
What the coverage asserts, and how well corroborated each claim is across sources.
- [○ 1 SOURCE] Former Constitutional Tribunal President Jerzy Stępień noted that this case is a precedent as it is the first time a judge of the Tribunal has been a party before the ECHR. www.wprost.pl
- [● 3 SOURCES] The legal complaint was filed by four Constitutional Tribunal judges: Marcin Dziurda, Anna Korwin-Piotrowska, Maciej Taborowski, and Krystian Markiewicz. polityka.co.pl · wiadomosci.wp.pl · www.wprost.pl
- [● 3 SOURCES] The ECHR is investigating whether the failure to implement the May interim measure constitutes an unlawful obstruction of the right to an international complaint. polityka.co.pl · wiadomosci.wp.pl · www.wprost.pl
- [● 3 SOURCES] The European Court of Human Rights (ECHR) has officially communicated the case 'Dziurda and Others v. Poland' to the Polish government. polityka.co.pl · wiadomosci.wp.pl · www.wprost.pl
- [● 2 SOURCES] Constitutional Tribunal President Bogdan Święczkowski has refused to admit judges Marcin Dziurda and Krystian Markiewicz to sessions, citing previous disruptions. dziennik-polityczny.com · wiadomosci.wp.pl
- [● 3 SOURCES] In May, the ECHR issued an interim measure ordering Poland to refrain from obstructing the assumption and performance of judicial duties by the judges elected by the Sejm. polityka.co.pl · wiadomosci.wp.pl · www.wprost.pl