Logo Assembly Logo Hemicycle

The functioning of democratic institutions in Poland

Amendment No. 46 | Doc. 15025 | 27 January 2020

Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
2020 - First part-session
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."