Amendment 1 Amendment 2 Amendment 3 Amendment 4 Amendment 5 Amendment 6 Amendment 7 Amendment 8 Amendment 9 Amendment 10 Amendment 11 Amendment 12 Amendment 13 Amendment 14 Amendment 15 Amendment 16 Amendment 17 Amendment 18 Amendment 19 Amendment 20 Amendment 21 Amendment 22 Amendment 42 Amendment 24 Amendment 40 Amendment 23 Amendment 46 Amendment 25 Amendment 26 Amendment 27 Amendment 28 Amendment 29 Amendment 43 Amendment 45 Amendment 44 Amendment 30 Amendment 31 Amendment 32 Amendment 33 Amendment 34 Amendment 35 Amendment 36 Amendment 37 Amendment 39 Amendment 41 Amendment 38
Caption: AdoptedRejectedWithdrawnNo electronic votes
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST, Mr Daniel MILEWSKI
Votes: 34 in favor 96 against 11 abstentions
In the draft resolution, paragraph 2, at the end of the first sentence, insert the following words: "according to its social, cultural and political conditions".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST, Mr Daniel MILEWSKI
Votes: 30 in favor 111 against 5 abstentions
In the draft resolution, paragraph 2, delete the following sentence: "At the same time, the Assembly emphasises that it is essential that the reforms implemented are fully in line with European norms and standards and effectively strengthen judicial independance and the rule of law, and not weaken or undermine them."
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST, Mr Daniel MILEWSKI
Votes: 29 in favor 116 against 3 abstentions
In the draft resolution, paragraph 3, after the words: "it welcomes any reform of the judicial", delete the following word: "self-governance".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST, Mr Daniel MILEWSKI
Votes: 141 in favor 4 against 10 abstentions
In the draft resolution, paragraph 3, first sentence, replace the words "transparency and accountability" with the following words: "transparency, accountability and democratisation".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST, Mr Daniel MILEWSKI
Votes: 34 in favor 114 against 6 abstentions
In the draft resolution, paragraph 3, second sentence, delete the word: "However".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 34 in favor 114 against 10 abstentions
In the draft resolution, paragraph 3, after the words: "such reforms would amount to bringing the judiciary", insert the following words: "activity of the courts".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 28 in favor 120 against 11 abstentions
In the draft resolution, paragraph 3, delete the following words: ",or even worse, under the political control of the ruling majority. This would violate the principle of separation of powers and effectively end the independence of the judiciary and undermine the rule of law".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 33 in favor 120 against 9 abstentions
In the draft resolution, at the end of paragraph 3, insert the following sentence: "Each reform of the judiciary should respect the principle of separation of powers, but also should provide the democratic legitimacy necessary in a democratic society."
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST, Mr Włodzimierz BERNACKI
Votes: 33 in favor 125 against 9 abstentions
In the draft resolution, delete paragraph 4.
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST, Mr Daniel MILEWSKI
Votes: 33 in favor 128 against 7 abstentions
In the draft resolution, delete paragraph 5.
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST, Mr Daniel MILEWSKI
Votes: 33 in favor 131 against 7 abstentions
In the draft resolution, paragraph 7, at the end of the first sentence, insert the following words: "and welcomes Poland's openness to dialogue on justice reforms."
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST, Mr Daniel MILEWSKI
Votes: 30 in favor 133 against 9 abstentions
In the draft resolution, paragraph 7, delete the following sentences: "However, it notes that numerous recommendations of the Venice Commission and other bodies of the Council of Europe have not been implemented or addressed by the authorities. The Assembly is convinced that many of the shortcomings in the current judicial system, especially with regard to the independence of the judiciary, could have been addressed or prevented by these recommendations."
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 31 in favor 132 against 7 abstentions
In the draft resolution, paragraph 7, replace the words "calls upon" with the following word "asks".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST, Mr Daniel MILEWSKI
Votes: 30 in favor 135 against 6 abstentions
In the draft resolution, paragraph 7, replace the words "revisit" with the following word: "consider".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 33 in favor 131 against 7 abstentions
In the draft resolution, paragraph 7.1, first sentence, replace the words: "considers that", with the following word: "notes".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 30 in favor 134 against 7 abstentions
In the draft resolution, paragraph 7.1, delete the words "extensive discretionary".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Daniel MILEWSKI, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 28 in favor 135 against 8 abstentions
In the draft resolution, paragraph 7.1, delete the following words: "undermine the impartiality and independence of the Prosecution Service and make it vulnerable to politicisation and abuse. The Assembly considers that these two functions need to be separated urgently and that sufficient safeguards against abuse and politicisation of the prosecution service need to be introduced in the law. It calls upon the Polish authorities to do so as a matter of priority;"
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Daniel MILEWSKI, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 31 in favor 132 against 8 abstentions
In the draft resolution, paragraph 7.2, first sentence, replace the words "expresses its concern about the fact" with the following word: "notes".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 28 in favor 131 against 7 abstentions
In the draft resolution, paragraph 7.2, delete the following words: "counter to European rule of law standards,"
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 25 in favor 130 against 11 abstentions
In the draft resolution, paragraph 7.2, replace the words "counter to the principle of separation of powers and the independence of the judiciary. As a result, the National Council of the Judiciary can no longer be seen as an independent self-governing body of the judiciary. The Assembly therefore urges the authorities to reinstate the direct election, by their peers, of the judges members of the National Council of the Judiciary;" with the following words: "according to the principle of the balance of powers;"
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Daniel MILEWSKI, Mr Marek AST
Votes: 31 in favor 131 against 7 abstentions
In the draft resolution, paragraph 7.3, first sentence, replace the words: "is deeply concerned about the excessive and discretionary powers over the justice system and judiciary conferred to the Minister of Justice" with the following words: "notes that the Minister of Justice has powers over the justice system and judiciary".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 30 in favor 131 against 9 abstentions
In the draft resolution, paragraph 7.3, delete the following sentences: "This is compounded by the equally excessive powers given to the Minister as Prosecutor General and the absence of a counterbalance by a genuinely independent National Council of the Judiciary. These powers need to be reduced and proper legal checks and balances need to be introduced in the relevant legislation".
27 January 2020
Tabled by Mr Jacques MAIRE, Mr Michael Georg LINK, Mr Maurizio BUCCARELLA, Mr Gerardo GIOVAGNOLI, Ms Doris BARNETT, Mr Christian PETRY, Mr Axel SCHÄFER
In the draft resolution, paragraph 7.4, replace the words: ", raise questions about their independence and their vulnerability to politicisation and abuse. This needs to be addressed." with the following words: "and the fact that their members were elected by the new National Council of the Judiciary, raise questions about their independance and their vulnerability to politicisation and abuse. This needs to be addressed urgently."
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Daniel MILEWSKI, Mr Marek AST
If adopted, amendments 23, 40 falls.
Votes: 31 in favor 135 against 6 abstentions
In the draft resolution, delete paragraph 8.
27 January 2020
Tabled by Mr Piero FASSINO, Mr Christian PETRY, Mr Martin POLIAČIK, Mr Roberto RAMPI, Mr Gianni MARILOTTI, Mr Krzysztof ŚMISZEK
If adopted, amendment 23 falls. Falls if amendment 24 is adopted.
Votes: 114 in favor 42 against 14 abstentions
In the draft resolution, replace paragraph 8 with the following paragraph:
"The Assembly takes note of the recent ruling by the Polish Supreme Court of 5 December 2019, issued on the basis of the guidelines contained in the judgement of the CJEU of 19 November 2019, that the National Council of the Judiciary cannot be considered an impartial and independent body, and that the new disciplinary chamber of the Supreme Court cannot be considered a court within the meaning of European and Polish law. The Assembly also takes note of the Supreme Court's resolution of 23 January 2020, stating that any judges appointed by the National Council of the Judiciary are not authorised to adjudicate. The Assembly is deeply concerned by the Polish Government's reaction to the resolution, which considers it to be unlawful. It calls upon the Polish authorities to fully abide by the judgment and resolution and to address without further delay these fundamental shortcomings in the Polish legal system."
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Daniel MILEWSKI, Mr Arkadiusz MULARCZYK, Mr Marek AST
Falls if amendments 24, 40 are adopted.
In the draft resolution, at the end of paragraph 8, insert the following sentences: "However, this judgement is non-binding, according to Polish rules, in contrary to the judgement of Supreme Court - Chamber of Extraordinary Control and Public Affairs, stating that: - the act of judge’s nomination cannot be put in question; - the EUCJ judgement of November 19th 2019 does not qualify National Judiciary Council as not independent because of its composition (members elected by the Parliament). So, the independency of National Judiciary Council can be put in question only with relations to particular circumstances existing in the particular proceedings. This last judgement has been given after EUCJ judgement of 19th November 2019 – and, according, to the Supreme Court – is in line with the aforementioned judgement. It’s binding for all panels of Supreme Court - Chamber of Extraordinary Control and Public Affairs."
27 January 2020
Tabled by the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
In the draft resolution, after paragraph 8, insert the following paragraph:
"The Assembly expresses its deep concern about the draft amendments to the Law on the Common Courts, the Law on the Supreme Court and some other laws of the Republic of Poland, as adopted by the Sejm on 23 January 2020, despite their rejection by the Polish Senate on 17 January 2020 and the very critical assessment by the Venice Commission of these amendments. It regrets that these amendments were considered under an accelerated procedure without any consultation with the main stakeholders or civil society. The Assembly welcomes and supports the urgent opinion of the Venice Commission on these amendments. The Assembly considers that adoption of these amendments further deteriorates the independence of the judiciary and respect for the rule of law in Poland and runs counter to the country’s obligations under international law, including its obligations deriving from membership to the Council of Europe. In addition, they are at odds with articles 6 and 10 of the ECHR. The Assembly therefore urges President Duda not to sign these amendments into Law and calls upon the authorities to fully respect the judgment of the Polish Supreme Court of 23 January 2020, as well as of the international tribunals they are party to, including those of the CJEU. The Assembly further calls upon the Polish authorities to promptly address the shortcomings and deficiencies of the justice system highlighted in, inter alia, this resolution."
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Daniel MILEWSKI, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 31 in favor 125 against 10 abstentions
In the draft resolution, paragraph 9, replace the words "The often-heard argument that" with the following word: "Although".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 29 in favor 130 against 8 abstentions
In the draft resolution, paragraph 9, delete the following words: "are in line with European standards, solely because certain aspects of the reforms allegedly also exist in other countries, is invalid and should be disregarded. Even if certain provisions".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Daniel MILEWSKI, Mr Marek AST
Votes: 29 in favor 131 against 8 abstentions
In the draft resolution, paragraph 9, second sentence, replace the word "those" with the following words: "models existing".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Daniel MILEWSKI, Mr Marek AST
Votes: 37 in favor 123 against 11 abstentions
In the draft resolution, paragraph 9, replace the words “Accepting such arguments would amount to the possible 'Frankensteinisation of legislation', which would be based on a combination of 'worst practices' existing in other countries, instead of on best practice and common European standards” with the following words: “Seeking best practice from other countries should always take that aspect into account”
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST
If adopted, amendments 43, 45 falls.
Votes: 32 in favor 131 against 7 abstentions
In the draft resolution, delete paragraph 10.
27 January 2020
Tabled by Mr Maurizio BUCCARELLA, Mr Michael Georg LINK, Mr Gerardo GIOVAGNOLI, Mr Andreas NICK, Ms Doris BARNETT, Mr Christian PETRY, Mr Axel SCHÄFER
Falls if amendment 29 is adopted.
Votes: 21 in favor 134 against 16 abstentions
In the draft resolution, paragraph 10, replace the words: "The credible reports that disciplinary investigations have been started against judges and prosecutors solely for being critical about the justice reforms, and the fact that disciplinary investigations have been started against judges as a result of decisions they have taken when adjudicating cases in their courts, needs to be condemned. In this context, the credible reports that a politically motivated smear campaign was organised against members of the judiciary by, and with the involvement of, high ranking officials in the Ministry of Justice and National Council of the Judiciary, is both deplorable and concerning: it undermines both the independence of, and the public trust in, the judiciary." with the following words: "The fact, suggested by credible reports, that disciplinary investigations have been started against judges and prosecutors solely for being critical about the justice reforms, and the fact that disciplinary investigations have been started against judges as a result of decisions they have taken when adjudicating cases in their courts - especially when implementing the guidelines of 19 November 2019 CJEU ruling or requesting an ECJ preliminary ruling - needs to be condemned. In this context, the politically motivated smear campaign, organised against members of the judiciary by, and with the involvement of, high ranking officials in the Ministry of Justice and National Council of the Judiciary, as confirmed by credible reports, is both deplorable and concerning: it undermines both the independence of, and the public trust in, the judiciary."
27 January 2020
Tabled by Mr Maurizio BUCCARELLA, Mr Michael Georg LINK, Mr Gerardo GIOVAGNOLI, Ms Doris BARNETT, Mr Christian PETRY, Mr Axel SCHÄFER
Falls if amendment 29 is adopted.
Votes: 136 in favor 27 against 5 abstentions
In the draft resolution, paragraph 10, last sentence, replace "31 March 2019" with "31 March 2020".
27 January 2020
Tabled by Mr Maurizio BUCCARELLA, Mr Gerardo GIOVAGNOLI, Mr Andreas NICK, Ms Doris BARNETT, Mr Christian PETRY
Votes: 27 in favor 136 against 9 abstentions
In the draft resolution, after paragraph 10, insert the following paragraph:
"The Assembly is concerned by the Amendments to the Law on Common Courts, the Law on the Supreme Court and some other laws, or so-called "disciplinary law" passed through the Sejm on 23 January 2020, which seem to strengthen the political control over judges. These changes are unacceptable and further undermine the independence of the judiciary, as noted in Opinion No. 977/2019 of the Venice Commission."
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 30 in favor 132 against 8 abstentions
In the draft resolution, paragraph 11, first sentence, delete the words: "as well as Poland’s adherence to the rule of law,".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Daniel MILEWSKI, Mr Marek AST
Votes: 31 in favor 134 against 6 abstentions
In the draft resolution, paragraph 11, delete the second sentence.
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 30 in favor 133 against 8 abstentions
In the draft resolution, paragraph 11, third sentence, replace the words "calls upon" with the word: "asks".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 31 in favor 135 against 9 abstentions
In the draft resolution, paragraph 11, third sentence, replace the words: "the courts under their jurisdiction" with the following words: «the decisions of their Courts under their jurisdiction».
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Daniel MILEWSKI, Mr Włodzimierz BERNACKI, Mr Arkadiusz MULARCZYK, Ms Iwona ARENT, Mr Marek AST
Votes: 29 in favor 137 against 8 abstentions
In the draft resolution, paragraph 11, third sentence, delete the words: "– including with regard to European Arrest Warrants –".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Mr Włodzimierz BERNACKI, Ms Iwona ARENT, Mr Daniel MILEWSKI, Mr Arkadiusz MULARCZYK, Mr Marek AST
Votes: 28 in favor 135 against 8 abstentions
In the draft resolution, paragraph 11, third sentence, replace the words "whether fair legal proceedings in Poland, as meant by Article 6 of the European Convention for Human Rights, can be guaranteed for the defendants" with the following words: "whether the interests of justice are pursued".
27 January 2020
Tabled by Mr Dominik TARCZYŃSKI, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK, Mr Marek AST, Mr Daniel MILEWSKI
If adopted, amendment 37 falls.
Votes: 140 in favor 25 against 10 abstentions
In the draft resolution, paragraph 12, first sentence, replace the word "following" with the following words: "which contributed to".
27 January 2020
Tabled by Mr Marek BOROWSKI, Mr Killion MUNYAMA, Ms Kamila GASIUK-PIHOWICZ, Ms Barbara NOWACKA, Mr Bogusław SONIK, Mr Krzysztof ŚMISZEK
Falls if amendment 36 is adopted.
In the draft resolution, paragraph 12, first sentence, replace the word "following" with the word "preceding".
27 January 2020
Tabled by Mr Stefan SCHENNACH, Ms Zita GURMAI, Mr George PAPANDREOU, Ms Sibel ARSLAN, Mr Krzysztof ŚMISZEK
If adopted, amendments 38, 41 falls.
Votes: 123 in favor 42 against 13 abstentions
In the draft resolution, paragraph 16, replace the words: "The Assembly therefore resolves to continue to closely follow the developments with regard to the functioning of democratic institutions and the rule of law in Poland. The Assembly therefore invites its Monitoring Committee to consider expediting the periodic review report on Poland in the framework of monitoring of membership obligations of all member states of the Council of Europe." with the following words: "The Assembly therefore decides to open the monitoring procedure in the respect of Poland until the above-mentioned concerns are addressed in a satisfactory manner."
Explanatory note
Given the scope of changes in the Polish legal system threatening the rule of law and legal certainty it is important to maintain Council of Europe regular monitoring on Poland.
27 January 2020
Tabled by Mr Piero FASSINO, Mr Michael Georg LINK, Mr Maurizio BUCCARELLA, Mr Gerardo GIOVAGNOLI, Ms Doris BARNETT, Mr Christian PETRY, Mr Axel SCHÄFER
If adopted, amendment 38 falls. Falls if amendment 39 is adopted.
In the draft resolution, paragraph 16, replace the words: "The Assembly therefore invites its Monitoring Committee to consider expediting the periodic review report on Poland in the framework of monitoring of membership obligations of all member states of the Council of Europe." with the following words: "The Assembly therefore decides to open the monitoring procedure in the light of the fact that Poland has insufficient checks and balances."
27 January 2020
Tabled by Mr Frank SCHWABE, Ms Ria OOMEN-RUIJTEN, Mr Stefan SCHENNACH, Ms Doris BURES, Ms Petra STIENEN, Ms Rósa Björk BRYNJÓLFSDÓTTIR
Falls if amendments 39, 41 are adopted.
In the draft resolution, replace the last sentence of paragraph 16 with the following sentences: "Also concerned by the compliance of these reforms with the Convention on Human Rights, in particular article 6 and article 10, the Assembly resolves to assess the situation during the June 2020 part session. The Assembly will assess progress on the recommendations made by the Venice Commission and by this Assembly as contained in this resolution. The Assembly resolves to return to this issue during the June 2020 part session to assess the progress made with implementing the recommendations made by the Assembly in this resolution and in particular with regard to: - the reform of the prosecutor's office such that it becomes independent of political interference; - the reform of the National Council of the Judiciary, making sure that it is a genuinely independent institution and its members are appointed in line with European standards; - the reform of the Common Courts and the Supreme Court; - the implementation of all judgements by the European Court of Justice; - the withdrawal or reversal of the controversial amendments on the Law on the Common Courts, the Law on the Supreme Court, as well as other laws adopted by the Sejm on 23 January 2020. In the unfortunate event that no or little tangible progress has been made on implementing the Assembly's recommendations by June 2020, the Assembly reserves the right to consider opening a full monitoring procedure with regard to Poland at that time."