Wild boar causes a legal earthquake in Poland

Last year in Berlin, a wild boar scored 15 minutes of fame when it snatched an unattended laptop bag in a city lake – and was pictured with its nude owner on a hot pursuit.

Now, a wild boar in neighboring Poland has sparked a new round in the long-running showdown between Warsaw and Brussels over judicial reform and the rule of law.

The case itself is not particularly noticeable: a Polish football turf maker has filed a lawsuit against the Polish government demanding more compensation for the product destroyed by the wild boars.

The case made its way through the Polish legal system and found its way to the European Strasbourg Court of Human Rights (ECHR), where the company claimed a violation of its right to a fair trial under the 1950 European Convention on Human Rights.

The previous stop of the case was in Poland’s Constitutional Court, where the company argued that one of the judges who heard the case should not have been on the podium at all.

On Friday, the Strasbourg court agreed and ruled that the highest legal institution in Poland was, in effect, illegal.

Nominate judges

Among the most notable complaints of the Strasbourg court: How conservative national law and justice in Poland, in 2015, used his majority to appoint three judges to court, ignoring those chosen by the previous parliament.

One of these illegally elected judges was involved in the hog soccer turf case, and thus the Chamber’s decision had no sound legal basis.

On Friday, the Polish Constitutional Court rejected the Strasbourg ruling as irrelevant – but things are not that simple.

Warsaw has yet to decide whether to request that the case be referred to the Grand Chamber of the European Court of Human Rights for a final ruling. She also knows the case – and Polish courts – now face additional scrutiny by the Council of Europe, the continent’s leading human rights body and whose Strasbourg court operates under its auspices.

On Monday, in an unusual move, that court informed Warsaw that it was prioritizing five similar cases in its inbox. Two of them are judges and the third is a public prosecutor, all of whom have come into conflict with their superiors and the ruling party in recent years.

Be grateful politically

Warsaw insists that its five-year reform push has freed the judiciary from shortcomings and post-communist cliques. Critics accuse the government of creating legal chaos and a politically owed judicial system.

All this caused an uproar in continental and European legal circles. At home, the ruling raised new questions about the legality of the three Law and Justice Party judges and all of the constitutional cases they have been involved in since 2015, including a controversial ruling last October that effectively prohibited abortion.

Meanwhile, the European Court of Justice (CJEU) will soon issue its own ruling on appeals to Polish judicial reform.

Although completely separate from the European Court of Human Rights, CJEU – the highest court in the European Union – has always shown a collective interest in the other party’s rulings.

Immediately, the Strasbourg ruling could revive the concerns of other national courts across Europe about cooperation with Polish courts – particularly on European arrest warrants and family law cases.

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