The European Commission did not comment on the draft opinion of the Venice Commission on amendments to the Polish Constitutional Tribunal Act.
– The process of preparing the report of the Venice Commission takes. We work closely with the Venice Commission and look forward to its final opinion – said a spokeswoman for the European Commission Mina Andreeva.
– The European Commission has agreed to return to the topic Polish in mid-March – she added.
She recalled that the European Commission conducts with the Polish authorities’ dialogue on the rule of law “, which involves the exchange of information entered in the Polish Constitutional Tribunal Act.
letter to the Polish authorities
Vice-President of the European Commission Frans Timmermans wrote to the Polish authorities on Feb. 1, asking for “information about a number of issues that have not yet been fully explained by the Polish authorities.”
13 January the European Commission has started to Polish the procedure for the protection of the rule of law. As explained Timmermans immediate reason for this decision was the failure of the binding decisions of the Constitutional Tribunal regarding the selection of judges and the adoption of amendments to the Law on the Court. Timmermans announced also the time that the European Commission will assess the situation in Poland in close cooperation with the Venice Commission of the opinion of the Constitutional Tribunal Act returned in December Polish Ministry of Foreign Affairs.
The draft report of the Venice Commission was last week sent to the Polish authorities. The official opinion of the Venice Commission is expected to adopt at the plenary session of 11-12 March.
The leak to the media
The draft opinion on Saturday revealed the media. Law and Justice deputy prime minister said at the time that Poland submitted a draft is currently being analyzed and will be reported to him. She added that it, what decisions will be taken, you will be able to say after receiving the final opinion of the Commission. She said that “this is not the opinion of binding in the sense that the state must do it, or have to adjust to it, because we are a sovereign state.”
– The Venice Commission advises Calls attention, and State that this opinion receives, decides whether these recommendations introduced – she said.
the project report commented on Monday the leader of the liberals in the European, Belgian politician Guy Verhofstadt.
“it is worrying the Prime Minister of Law and Justice deputy said that the recommendations of the Venice Commission are not binding. When the committee makes recommendations for Ukraine or other eastern neighbors, the entire EU expects from them that they will respect these recommendations. Double standards undermine the credibility of the European Union. recommendations of the Venice Commission at key EU countries should be treated equally, and perhaps more seriously, “- said Verhofstadt on Facebook.
” we can not allow this to PiS playing games core values podzielanymi across Europe, “- he added.
What’s in a draft report of the Venice Commission?
the draft opinion of the Venice Commission in the conclusions calls on all authorities to fully respect and implement the decisions of the Constitutional Court. The Commission welcomes with appreciation the fact that all Polish interlocutors expressed their attachment to the Court as a guarantor of the supremacy of the constitution in Poland. However, until the situation constitutional crisis relating to TK remains unresolved, and until the Court can not perform the work in an efficient manner, are threatened not only the rule of law, as well as democracy and human rights – were found.
added that it is necessary finding a solution to the current conflict over the composition of the Tribunal. The rule of law any solution must be based on a commitment to respect and full implementation of the Court’s decisions – underlined.
The Commission therefore calls on all authorities to fully respect and implement the judgments of the Court and in particular calls on the Parliament to appeal resolutions which have been taken on the basis of the findings considered by the Court as unconstitutional – says the draft opinion.
it was found that the notified proposal in the parliament dismissal of all judges of the Court “can not be part of any solution that respects the rule of law.” See also questioned the argument about the need to ensure political pluralism in the composition of the Court.
The president Andrzej Duda about the leak of the Venice Commission:
Source: TVN24 / x-news
According to the draft opinion, the provisions of the Act on the Tribunal by Justice of December 22, affecting the efficiency of TK “should be repealed.” It was stressed that they can not justify prefer to introduce a “pluralism” in the composition of TK, because it means lack of understanding of the role of the Court, which does not represent the interests of neither political nor party. According to the draft amendment, rather than speed up the work of TK, will cause them serious slowdown, making it ineffective guardian of the constitution.
added that although it is not a good time for a discussion about changing the Constitution of the Republic of Poland, however, the Commission recommends that in the long term amendment to the Constitution to introduce qualified majority for the selection of judges TK by the Sejm, with the provision of an effective system of anti-deadlock with such a choice.
the solution nieszanujące the rule of law was the proposal (tabled in Parliament by Kukiz’15) to extinguish the term of office of all judges TK.
Making the Constitutional Court ineffective is unacceptable and removes a key mechanism which ensures that potential conflicts with European and international norms and standards can be resolved at the state level without the need for European or others support the courts, which are overloaded and less close to the realities on the spot – indicates the draft opinion.
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