Restoring the rule of law

As the head of the Ministry of Justice emphasized, the rule of law is one of the fundamental values of the European Union, the Council of Europe and the Member States of the EU. Therefore, both the government and the Ministry of Justice are introducing and planning changes (legislative and non-legislative) that are to restore respect for civil rights and freedoms in our country.

The actions that have already been taken include the establishment of the Inter-Ministerial Team for the Restoration of the Rule of Law and Constitutional Order, Poland's accession to the European Public Prosecutor's Office, the draft law amending the Act on the National Council of the Judiciary and the draft law on the separation of the functions of the Minister of Justice and the Prosecutor General.

During the February meeting of the Council of the European Union, Minister Adam Bodnar presented the Action Plan for the Restoration of the Rule of Law, which consists of planned fundamental legislative changes. The main points of the planned reform concern solving the problems with the National Council of the Judiciary, the Supreme Court, the Constitutional Tribunal and the creation of an institutional system for the execution of judgments of the European Court of Human Rights, not only in constitutional matters, but also in cases concerning the protection of human rights – complaints from LGBT+ persons, refugees or the crisis on the Polish-Belarusian border.

Another element of restoring the legal order is the package of legislative solutions to heal the Constitutional Tribunal, presented today by Minister Bodnar. Their implementation will allow to restore the system of legal control in accordance with the Polish Constitution and, what is equally important, will restore the citizens' sense of legal security.

Helping Ukraine

The Minister of Justice and the Deputy Secretary General of the Council of Europe also discussed the Russian aggression against Ukraine. Poland, as Minister Bodnar reminded, has been supporting Ukraine on many levels since the beginning of the war. The head of the Ministry has long emphasized the need to establish a special international tribunal for the crime of aggression, of which the Ukrainian nation has become a victim.

Poland also lobbied for the expansion of the concept of "crime" so that this definition would include not only war crimes, but also crimes against humanity and other crimes of cruelty committed by the Russian aggressor against the Ukrainian nation and state. One of the most important achievements is the establishment of the Register of Damage for Ukraine under the auspices of the Council of Europe, which is tasked with collecting and processing information on the damage caused by the aggression of the Russian Federation.

Polish prosecutors are involved in the activities of the international joint investigative team and cooperate with prosecutors from Eurojust and Ukraine, using their knowledge of forensic methods used in investigations into war crimes. Poland is also involved in the work of the ICPA (International Center for the Prosecution of the Crime of Aggression Against Ukraine). This organization was established in July last year at the International Criminal Court in The Hague. Independent prosecutors from different countries cooperate under its auspices – they exchange evidence and develop a common strategy.

The Ministry of Justice and Polish law enforcement agencies have also taken steps to prevent impunity for the perpetrators of these crimes and to document them. The Polish prosecutor’s office has initiated criminal proceedings concerning the aggressive war directed against the sovereignty, territorial integrity, and political independence of Ukraine. Minister Bodnar once again confirmed the determination of the Polish Government to support the fighting Ukraine, both in bilateral relations and on the international forum. 

Press Office
Ministry of Justice