During the meeting, Ministers Radosław Sikorski and Adam Bodnar stressed that the Polish Government is determined to restore rule of law and constitutional order in Poland, and that it stands fully committed to observing the European Convention on Human Rights and complying with the judgements of European Court of Human Rights in Strasbourg. They noted the special role and significance of the Council of Europe and its bodies in shaping the human rights standards in Europe as well as the Council’s 75 years of experience and achievements in that regard. The two ministers agreed that systemic departure from laboriously acquired standards of the rule of law and violation of the constitutional balance of powers by the preceding administration resulted in the European Court of Human Rights handing down a number of judgements against Poland.

They emphasised that the Polish Government has cooperated more closely with the institutions of the Council of Europe and has taken intense measures to fill in the systemic gaps that resulted in violations of the European Convention on Human Rights, including in particular the restoration of independence to the National Council of the Judiciary. The Ministry of Foreign Affairs and the Ministry of Justice have been working on adopting an act on carrying out the rulings of the European Court of Human Rights, which will ensure transparent procedures and define in detail the obligations of national authorities within that process.

Minister Sikorski added that after three failed attempts at selecting a Polish judge to the European Court of Human Rights in Strasbourg, the new government has strengthened democratic standards as well as the transparency and stability of the rules on which that process should be founded. He expressed a belief that, thanks to an inclusive procedure along with professionalism and independence of the selection team's members, Poland will be able to submit to the Parliamentary Assembly of the Council of Europe a list of candidates up to all standards required of the Court's judge.

In his address, the minister of justice/the prosecutor general presented the ongoing and future measures in this respect—not only legislative, but also institutional and practical ones, as the respect of democratic standards is not limited to the provisions of law but is equally important in the every-day functioning of public authorities.

The Polish Government's efforts have produced a tangible outcome. The European Commission has announced that the Article 7 TEU procedure against Poland will be swiftly closed, which means that it finds there is no longer a risk of a serious breach of the rule of law in Poland. This was made possible by Minister Adam Bodnar presenting the Ministry of Justice's Action Plan in this area at the European Union level. At the same time, the minister stressed that the civil society and academia have been involved in the work on different legal solutions included in the plan. He also thanked the international bodies and organisations, in particular the Venice Commission and the OSCE Office for Democratic Institutions and Human Rights, for their active support when working on the law amending the procedure for the election of judges to the National Council of the Judiciary.

 

 

Photo.: B. Milkowska/MFA