The PACE Monitoring Committee oversees the procedure initiated against Poland in 2020 regarding a report on the functioning of democratic institutions in Poland, prepared as a result of Poland being subjected to the monitoring procedure by the Council of Europe.

During the visit, issues raised in the report and Resolution 2316(2020) of the Assembly from January 28, 2020, were discussed: the rule of law, judicial independence, and reforms to the justice system in Poland. Poland's inclusion in the monitoring procedure was a reaction of the Parliamentary Assembly of the Council of Europe to actions of the previous government, which were deemed a threat to democracy. Poland, as the only EU member state, was placed in the group of countries under such monitoring by PACE.

The debate at the Committee meeting included participants such as Minister of Justice Adam Bodnar, Ombudsman Marcin Wiącek, and Vice-Chair of the Venice Commission Martin Kuijer.

Recognition for Poland

Minister Adam Bodnar presented the government’s efforts aimed at reforming the justice system in Poland. The reform includes changes to the functioning of the National Council of the Judiciary, the Constitutional Tribunal, the Supreme Court, and the system of disciplinary liability for judges. The Action Plan, presented on February 2, 2024, is a response to the recommendations of the European Commission and rulings of international courts, particularly the European Court of Human Rights and the Court of Justice of the European Union.

Adam Bodnar emphasized that recognition of the efforts of Poland's democratic government is reflected in the European Commission’s decision to close the Article 7 TEU procedure. The Minister pointed out that in this year’s European Commission report on the rule of law, progress made by Poland in implementing the recommendations was noted. Additionally, for the first time in eight years, Poland advanced in the Rule of Law Index published by the World Justice Project.

Among examples of changes implemented so far, primarily outside the legislative framework, Minister Bodnar mentioned the appointment of new presidents in over 120 courts and ad hoc disciplinary officers, the limitation of judges’ and prosecutors’ secondments to the Ministry of Justice, and the creation of codification commissions.

Reforms concerning the National Council of the Judiciary and the Constitutional Tribunal are also at an advanced stage. However, laws passed by the parliament have not been signed by President Andrzej Duda. Work is currently underway on a new Supreme Court law and regulations addressing the status of judges improperly appointed by the current National Council of the Judiciary (so-called "neo-judges"), in line with recommendations of the Venice Commission.

Reforms are also being carried out in the prosecution system. One of the first decisions of the Polish government was Poland's accession to the European Public Prosecutor’s Office. Legislative work on separating the roles of the Prosecutor General and the Minister of Justice is also at an advanced stage.

Poland’s Presidency and the Role of the Rule of Law

Minister Adam Bodnar stressed that Poland's experience in restoring the rule of law could serve as an inspiration for other EU member states. He added that the rule of law will be one of the priorities of Poland's presidency of the EU Council, which begins on January 1, 2025.