Puolan hallitus ilmoitti, ettei aio noudattaa EIT:n asettamaa väliaikaiskieltoa

16.2.2023 | Oikeusuutiset

Markku Fredman

Non-compliance with interim measure in Polish judiciary cases

The Polish Government has recently informed the Registry of the Court that the interim measure indicated by the European Court of Human Rights on 6 December 2022 under Rule 39 of the Rules of Court in the cases Leszczyńska-Furtak v. Poland (application no. 39471/22), Gregajtys v. Poland (no. 39477/22) and Piekarska-Drążek v. Poland (no. 44068/22) will not be respected. The Government referred to a statement by the President of the Warsaw Court of Appeal finding that there were no factual or legal grounds for doing so and pointing to a Constitutional Court judgment of March 2022 questioning the authority of the European Court to intervene in cases concerning the judiciary. This is the first time that Poland has refused to comply with a Rule 39 interim measure in such cases.

Since January 2022, the Court has received a total of 60 requests for interim measures from Polish judges in 29 cases concerning the independence of the Polish judiciary. They can be grouped into three main categories: lifting of immunity; suspension from judicial functions; transfer against will to other posts. Requests in 17 of the cases have been granted or partly granted press releases concerning some of these are listed below.

 There are currently 323 applications pending before the Court which raise issues relating to various aspects of the reorganisation of the judicial system in Poland under laws that mainly entered into force in 2017 and 2018.

Measures under Rule 39 of the Rules of Court are decided in connection with proceedings before the Court, without prejudging any subsequent decisions on the admissibility or merits of the case. The Court grants such requests only on an exceptional basis, when the applicants would otherwise face a real risk of irreversible harm.

Press release


Inline Feedbacks
View all comments