Logo Assembly Logo Hemicycle

Judges in Poland and in the Republic of Moldova must remain independent

Amendment No. 15 | Doc. 15204 | 25 January 2021

Mr Arkadiusz MULARCZYK, Poland, EC/DA ; Ms Iwona ARENT, Poland, EC/DA ; Mr Zbigniew GIRZYŃSKI, Poland, EC/DA ; Mr Daniel MILEWSKI, Poland, EC/DA ; Mr Bolesław PIECHA, Poland, EC/DA
2021 - First part-session
In the draft resolution, paragraph 13, delete the following words:

"also remains concemed about the reaction of the Polish authorities to the Supreme Court resolution of 23 January 2020 and calls on the Polish authorities to fully abide by this resolution."

Explanatory note

This sentence is contrary to Art. 190 of the Polish Constitution: "judgments of the Constitutional Tribunal shall be binding and final". The Constitutional Tribunal held in its judgment U 2/20 that the SC resolution is unconstitutional and inconsistent with art. 6 of the ECHR.