"The current leadership of the Ministry of Justice appreciates the Venice Commission's involvement in restoring the rule of law in Poland. By fulfilling international obligations, the Ministry of Justice cooperates and will continue to cooperate with the Venice Commission to ensure that laws created in Poland meet international standards," said Deputy Minister Dariusz Mazur at today's (December 6) 141st plenary session of the Venice Commission.

Changes to the legal status of the Constitutional Tribunal, initiated at the end of 2015, contributed to the Tribunal losing its ability to fulfill its function as the guardian of the Constitution.

"In the current composition of the Constitutional Tribunal, there are individuals unauthorized to adjudicate because they were appointed to the Tribunal in violation of the provisions of the Constitution," emphasized Dariusz Mazur. He pointed out that his claim is supported by rulings of the Constitutional Tribunal itself, as well as the judgment of the European Court of Human Rights in the Xero Flor case. The judgment states that the presence of unauthorized individuals in the Tribunal violates Article 6 of the European Convention on Human Rights.

Due to the unequivocally political involvement of most judges appointed to the Tribunal after the 2015 parliamentary elections, the Constitutional Tribunal in its current composition has become a political institution. Under the guise of constitutional review, it legitimizes legal acts that are inconsistent with the fundamental values expressed in the Constitution.

The crisis in the system of constitutional review and the rule of law will be resolved by a new law on the Constitutional Tribunal. "The aim of drafting and adopting this legislation is to establish durable legal foundations that will allow for the restoration of the authority of the Constitutional Tribunal and the reestablishment of effective, reliable, and independent constitutional review in Poland," Deputy Minister Dariusz Mazur emphasized.

The draft law is the result of several years of work by specialists in constitutional law, legal theory and philosophy, international law, civil law, and human rights, as well as legal organizations and associations engaged in defending the rule of law. Its preparation was preceded by extensive and lengthy consultations. The solutions proposed in the draft law were also discussed during academic conferences and a series of debates organized by constitutional law experts under the auspices of the Jagiellonian University. Numerous comments submitted during public consultations influenced the final shape of the draft.

"Polish constitutional law doctrine indicates that the improper appointment of at least part of the members renders the entire actions of the Tribunal unlawful," emphasized Deputy Minister Dariusz Mazur during his address. He referred to the position of the Venice Commission, which proposes that under the new Constitutional Tribunal law, the entire composition of the Tribunal should not be replaced, but three judges improperly appointed to previously occupied seats should be removed.

During his visit to Venice, Deputy Minister Dariusz Mazur also met with the Attorney General of the United Kingdom, Richard Simon Hermer. The discussion focused on national and multilateral actions to strengthen the rule of law.