The Honest (though Embarrassing) Coming-out of the Polish Constitutional Tribunal
The particular coming-out of the Tribunal, made in the judgment K 6/21 by admitting that the Constitutional Tribunal is not subject in general to the standards inherent in Article 6 EC, leads to the conclusion that the Polish Constitutional Tribunal and its judges need not be independent. Paradoxically, therefore, the judgment confirms (albeit by different reasoning) the disqualification of the Tribunal made in the Xero Flor judgment by ECtHR. And yet the Tribunal intended to remove the negative consequences for itself of the Xero Flor.
