Sharp criticism of the advance to designate criminal foreigners!

Sharp criticism of the advance to designate criminal foreigners!

In a current discourse on the independence of the case law, the chairman of the committee in the parliamentary assembly of the Council of Europe, BayR, calls for more attention to the European Convention on Human Rights (ECHR). This is considered a fundamental building block of human rights legislation, but some member countries, including Italy and Denmark, are under pressure to change their interpretation. This was reported by the * Kleine Zeitung *, which also emphasizes that discussions about dishes should not be publicly conducted.

BayR pointed out that the interpretation of the ECHR is reserved for the courts, especially the European Court of Human Rights (ECHR). The ECHR can be called if the national legal process is exhausted to decide on possible injuries to the ECHR. In Austria the ECHR has constitutional rank, which means that its principles are before national law.

political influences and legal challenges

nine EU countries, led by Denmark and Italy, have called for a simpler designation of foreign criminals in a joint letter. This initiative is supported by Chancellor Stocker, who demands more national scope for such instructions. However, the Secretary General of the Council of Europe, Alain Berset, criticized this initiative and emphasized that the Court should not be used as a weapon against governments. He emphasized the importance of the rule of law and the independence of the judiciary of political influences.

In a further look at the European judiciary, an analysis of the situation in Poland presents a worrying picture. Legislative and executive have a strong influence on the national judicial council, which is responsible for the appointment of all judges. This interference is in direct contradiction to the principles that are anchored in Article 6 (1) of the ECHR that guarantee access to an independent and impartial court.

conference on the rule of law

An important event that emphasized the importance of the independence of the judiciary took place in June 2020. Organized by national human rights institutions in Germany and Poland as well as other partners, the conference attracted over 700 participants. Open speeches held, among other things, Michael Windfuhr from the German Institute for Human Rights and the Ombudsman of the Republic of Poland, Maciej Taborowski. The discussion round, moderated by Armin von Bogdandy from the Max Planck Institute, addressed the protection of legal independence.

The EU Commissioner for Justice, Didier Reynders, underlined the great importance of the rule of law for the democratic principles and fundamental rights in the EU. In his speech, he also presented claims for the suspension of EU funds in the event of repeated violations of law principles. Beate Rudolf, also a consultant at the conference, demanded continuous monitoring of the rule of law in all EU member states.

The current developments illustrate the increasing tension between national legislation and the requirements of the ECHR, while at the same time the role of European institutions becomes increasingly important in ensuring the rule of law in Europe. This interplay is also visible in the continuing legal disputes in Poland, where the independence of the judiciary is massively endangered.

For further information on the challenges of the rule of law in Europe, it is advisable to take a look at the detailed reports of the Jurafuchs as well as the current developments on the Institute for Human rights .