Europe's rights watchdog asks Poland to change the way it appoints judges

The government has said the changes were needed to improve efficiency and rid the judiciary of remnants of the 1945-89 Communist era, but the EU top court and the European Court of Human Rights (ECHR) have found they violated international rules. The Council of Europe Committee of Ministers discussed this week how Poland implemented the ECHR's rulings in such cases.


Reuters | Warsaw | Updated: 09-12-2022 20:01 IST | Created: 09-12-2022 20:01 IST
Europe's rights watchdog asks Poland to change the way it appoints judges
  • Country:
  • Poland

The Council of Europe Committee of Ministers called on Poland on Friday to change its procedure for appointing judges, which it said in its current form may result in multiple violations of the right to a fair trial. In power since 2015, the conservative Law and Justice (PiS) party has clashed with European institutions over issues ranging from judicial reforms and refugees to climate change and LGBT rights.

Its reforms included changing the composition of the body that decides on judicial appointments and creating a disputed disciplinary chamber for judges. The chamber was dismantled this year under EU pressure, but was replaced with a body that critics said is similar. The government has said the changes were needed to improve efficiency and rid the judiciary of remnants of the 1945-89 Communist era, but the EU top court and the European Court of Human Rights (ECHR) have found they violated international rules.

The Council of Europe Committee of Ministers discussed this week how Poland implemented the ECHR's rulings in such cases. The ministers recalled that the main problem in the Polish judiciary was new rules which "enabled interference by the executive and the legislature in judicial appointments" and that has affected appointments of judges.

A top Polish court ruled in March that the ECHR could not question the appointment of Polish judges. The ministers said they were concerned that Poland failed to take adequate remedial action on judicial appointments and called on authorities to provide the Committee with their assessment of measures still necessary by March 15.

The 46-member Council of Europe was formed after World War Two to protect human rights and the rule of law across the continent. It is separate from the European Union.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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