Amendment 10 Amendment 15 Amendment 16 Amendment 20 Amendment 17 Amendment 18 Amendment 19 Amendment 14 Amendment 12 Amendment 13 Amendment 1 Amendment 2 Amendment 3 Amendment 4 Amendment 5 Amendment 23 Amendment 6 Amendment 7 Amendment 8 Amendment 21 Amendment 22 Amendment 9 Amendment 11
Caption: AdoptedRejectedWithdrawnNo electronic votes
10 October 2017
Tabled by Ms Olena SOTNYK, Mr Vladyslav GOLUB, Mr Nigel EVANS, Mr Jarosław OBREMSKI, Mr Kostiantyn USOV, Mr Serhii KIRAL, Mr Arkadiusz MULARCZYK, Mr Viktor VOVK
Votes: 46 in favor 4 against 4 abstentions
In the draft resolution, after paragraph 2, insert the following paragraph:
"The Assembly is also deeply concerned by cases in certain member States in which national judiciaries are used to silence political opponents and to repress those who disagree with government policies. One of the most notorious examples is the mass political persecution in the annexed Crimea by the Russian Federation. The latest case concerns Akhtem Chiygoz, a member of Mejlis of the Crimean Tatar People, who was sentenced to eight years in a penal colony. He was found guilty of having organised "mass disturbances" linked to clashes between pro-Ukrainian and pro-Russian supporters that led to the death of two people on 26 February 2014."
10 October 2017
Tabled by Mr Dominik TARCZYŃSKI, Mr Arkadiusz MULARCZYK, Mr Józef LEŚNIAK, Mr Jarosław OBREMSKI, Mr Jacek OSUCH
Votes: 18 in favor 32 against 4 abstentions
In the draft resolution, paragraph 5, in the first sentence, replace the word "five" with the word: "four".
10 October 2017
Tabled by Mr Dominik TARCZYŃSKI, Mr Arkadiusz MULARCZYK, Mr Józef LEŚNIAK, Mr Jarosław OBREMSKI, Mr Jacek OSUCH
Votes: 12 in favor 38 against 4 abstentions
In the draft resolution, paragraph 5, in the first sentence, delete the following word: "Poland".
10 October 2017
Tabled by Mr Talip KÜÇÜKCAN, Mr Şaban DİŞLİ, Ms Emine Nur GÜNAY, Mr Suat ÖNAL, Ms Leyla ŞAHİN USTA
If adopted, amendments 17, 18 falls.
Votes: 13 in favor 40 against 1 abstention
In the draft resolution, paragraph 5, replace the last two sentences with the following sentences: "This is mainly due to tendencies to limit the independence of the judiciary made through attempts to politicise the judicial councils and the courts, massive revocation of judges and prosecutors or attempts to do so and tendencies to limit the legislative power of the parliament. Moreover, corruption, which is a major challenge to the rule of law, remains a widespread phenomenon in some member States."
Explanatory note
Since it is a thematic report, it does not properly serve the purpose of the report to single out solely a number of countries instead of identifying threats related to the topic and making general recommendations to the all member States.
10 October 2017
Tabled by Mr Dominik TARCZYŃSKI, Mr Arkadiusz MULARCZYK, Mr Józef LEŚNIAK, Mr Jarosław OBREMSKI, Mr Jacek OSUCH
Falls if amendment 20 is adopted.
Votes: 13 in favor 38 against 3 abstentions
In the draft resolution, paragraph 5, in the third sentence, after the words "mainly in Bulgaria", delete the following word: ", Poland".
10 October 2017
Tabled by Mr Dominik TARCZYŃSKI, Mr Arkadiusz MULARCZYK, Mr Józef LEŚNIAK, Mr Jarosław OBREMSKI, Mr Jacek OSUCH
Falls if amendment 20 is adopted.
Votes: 12 in favor 40 against 1 abstention
In the draft resolution, paragraph 5, in the third sentence, delete the following words: "or attempts to do so (Poland)".
10 October 2017
Tabled by Mr Dominik TARCZYŃSKI, Mr Arkadiusz MULARCZYK, Mr Józef LEŚNIAK, Mr Jarosław OBREMSKI, Mr Jacek OSUCH
If adopted, amendments 12, 13 falls.
Votes: 13 in favor 40 against 1 abstention
In the draft resolution, delete paragraph 8.
10 October 2017
Tabled by Mr Krzysztof TRUSKOLASKI, Mr Killion MUNYAMA, Ms Marianne MIKKO, Sir Alan MEALE, Ms Tineke STRIK
Falls if amendment 19 is adopted.
Votes: 37 in favor 14 against 3 abstentions
In the draft resolution, at the end of paragraph 8.1, insert the following words: " and in this context, to refrain from amending the Act on the National Council of the Judiciary in a way that would modify the procedure for appointing judge members of the Council and would establish political control over the appointment process of judge members;".
Explanatory note
The president's draft law on the National Council of Judiciary in Poland states it will be up to the Parliament to select judge members of the Council. Such regulation is not in compliance with the Polish Constitution and would widen political control over the process of appointing members of the Council.
10 October 2017
Tabled by Mr Krzysztof TRUSKOLASKI, Mr Killion MUNYAMA, Ms Marianne MIKKO, Sir Alan MEALE, Ms Tineke STRIK
Falls if amendment 19 is adopted.
Votes: 35 in favor 13 against 5 abstentions
In the draft resolution, at the end of paragraph 8.2, insert the following words: "and, in this context, to refrain from implementing any legal provisions that would terminate the term of office of judge members of the National Council of Judiciary in Poland or of the First President of the Supreme Court;"
Explanatory note
The terms of office of the members of the Council and the First President of the Supreme Court are guaranteed by the Constitution. Any legislative attempts to terminate these candidacies should be treated as steps towards limiting the judges' independence.
10 October 2017
Tabled by Mr Philippe MAHOUX, Mr Frank SCHWABE, Mr Boriss CILEVIČS, Mr Mart van de VEN, Mr Pierre-Alain FRIDEZ
Votes: 42 in favor 7 against 5 abstentions
In the draft resolution, before paragraph 9, insert the following paragraph:
"The Assembly asks the Venice Commission for an opinion on the compatibility with the Council of Europe's standards on the rule of law of the Polish law of 12 July 2017 on the Ordinary Courts Organisation, as well as of the two draft laws recently submitted to the Sejm by the President of the Republic, on amending the law on the National Council of the Judiciary and on the Supreme Court."
10 October 2017
Tabled by Ms Anne BRASSEUR, Ms Ute FINCKH-KRÄMER, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES
Votes: 42 in favor 10 against 2 abstentions
In the draft resolution, at the end of paragraph 9.1, insert the following words: "and adopt clear criteria for this, respecting the recommendations of the Venice Commission".
10 October 2017
Tabled by Ms Anne BRASSEUR, Ms Ute FINCKH-KRÄMER, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES
Votes: 43 in favor 7 against 4 abstentions
In the draft resolution, at the end of paragraph 9.2, insert the following words: "focusing on the fight against corruption and the abuse of authority, by implementing the recommendations of the Venice Commission and GRECO"
10 October 2017
Tabled by Ms Anne BRASSEUR, Ms Ute FINCKH-KRÄMER, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES
Votes: 38 in favor 9 against 4 abstentions
In the draft resolution, at the end of paragraph 9.3, insert the following words: ", refraining especially from abusive law-making by emergency ordinances".
10 October 2017
Tabled by Ms Anne BRASSEUR, Ms Ute FINCKH-KRÄMER, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES
Votes: 39 in favor 6 against 8 abstentions
In the draft resolution, paragraph 9.4, before the word "work", insert the following word: "remarkable".
10 October 2017
Tabled by Ms Anne BRASSEUR, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES, Ms Ute FINCKH-KRÄMER
If adopted, amendment 23 falls.
Votes: 40 in favor 9 against 3 abstentions
In the draft resolution, paragraph 9.4, replace the words "the latter should respect fundamental human rights during criminal investigations" with the following words: "respecting the legal framework and the need for an effective fight against corruption and the abuse of authority".
10 October 2017
Tabled by Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Ms Adriana Diana TUȘA, Mr Valeriu GHILETCHI, Mr Marian LUPU, Mr Evangelos VENIZELOS, Mr Attila KORODI
Falls if amendment 5 is adopted.
In the draft resolution, paragraph 9.4, after the words "fundamental human rights", insert the following words: "and the domestic legal criminal procedures".
Explanatory note
Support for combatting corruption represents a priority, but at the same time the criminal investigations of the judiciary should respect fundamental human rights and domestic legal criminal procedures.
10 October 2017
Tabled by Ms Anne BRASSEUR, Ms Ute FINCKH-KRÄMER, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES
Votes: 43 in favor 8 against 3 abstentions
In the draft resolution, paragraph 9.5, after the word "Court", insert the following words: "and the National Anti-Corruption Directorate (DNA)".
10 October 2017
Tabled by Ms Anne BRASSEUR, Ms Ute FINCKH-KRÄMER, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES
Votes: 38 in favor 9 against 5 abstentions
In the draft resolution, paragraph 9.5, replace the words "Romanian society" with the following words: "political parties".
10 October 2017
Tabled by Ms Anne BRASSEUR, Ms Ute FINCKH-KRÄMER, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES
Votes: 40 in favor 9 against 4 abstentions
In the draft resolution, paragraph 10.1, replace the words "the circumstances and threats which led to the declaration of the state of emergency have ceased" with the following word: "possible".
10 October 2017
Tabled by Mr Talip KÜÇÜKCAN, Mr Şaban DİŞLİ, Ms Emine Nur GÜNAY, Mr Suat ÖNAL, Ms Leyla ŞAHİN USTA
Votes: 9 in favor 42 against 2 abstentions
In the draft resolution, delete paragraph 10.2.
Explanatory note
The new constitution paved the way for a more democratic atmosphere by providing a clear separation of powers. The legislative branch takes on a much stronger role and checks the executive branch more effectively in various ways. The presidential system is not to change the Constitutional Court's powers either.
10 October 2017
Tabled by Mr Talip KÜÇÜKCAN, Mr Şaban DİŞLİ, Ms Leyla ŞAHİN USTA, Mr Suat ÖNAL, Ms Emine Nur GÜNAY
If adopted, amendment 9 falls.
Votes: 8 in favor 45 against 0 abstention
In the draft resolution, replace paragraph 10.4 with the following paragraph:
"proceed carefully with the dismissal through decree laws of those judges and prosecutors who have allegedly taken part in the activities of terrorist organizations and ensure that those who have already been dismissed will have their cases reviewed by a 'tribunal' fulfilling the requirements of Article 6 of the Convention. In this context, the Assembly welcomes the establishment of the inspection commission on the state of emergency decrees which enables judicial review."
Explanatory note
Dismissing public servants who have taken part in the activities of the FETÖ terrorist organization is a legitimate and necessary measure. Furthermore, an inspection commission was also established with the aim of monitoring the actions taken as part of the decree laws and to enable judicial review.
10 October 2017
Tabled by Ms Ute FINCKH-KRÄMER, Ms Doris BARNETT, Mr Frank SCHWABE, Mr Stefan SCHENNACH, Ms Anne BRASSEUR
Falls if amendment 22 is adopted.
Votes: 42 in favor 9 against 1 abstention
In the draft resolution, paragraph 10.4, after the word "prosecutors", insert the following words: ", as well as other civil servants,"
10 October 2017
Tabled by Ms Olena SOTNYK, Mr Vladyslav GOLUB, Mr Nigel EVANS, Dame Cheryl GILLAN, Mr Jarosław OBREMSKI, Mr Kostiantyn USOV, Mr Serhii KIRAL, Mr Arkadiusz MULARCZYK, Mr Viktor VOVK
Votes: 43 in favor 8 against 2 abstentions
In the draft resolution, at the end of paragraph 11, insert the following words: "The Assembly regards with great disappointment the fact that, in 2015, the Russian Federation introduced a legal instrument to enable the overturning of rulings by the ECHR."