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Summary of the Report on the Activity of the Ombudsman in Poland
List of Commissioners Ewa Łętowska Tadeusz Zieliński Adam Zieliński 1987–1992 1992–1996 1996–2000 Summary of the Report Summary of the Report on the Activity of the Ombudsman in Poland on the Activity Andrzej Zoll Janusz Kochanowski Irena Lipowicz 2000–2006 2006–2010 2010–2015 of the Ombudsman in Poland in 2017 Adam Bodnar from 2015 On 15 July 1987 Sejm passed the Act on the Commissioner for Human Rights On 1 January 1988 the Commissioner for Human Rights was established Commissioner for Human Rights 2017 al. Solidarności 77, 00-090 Warszawa CIVIC HELPLINE 800 676 676 www.rpo.gov.pl 17 Summary of the Report on the Activity of the Commissioner for Human Rights in 2017, with Comments on the Observance of Human and Civil Rights and Freedoms 1 COMMISSIONER FOR HUMAN RIGHTS BULLETIN 2018, No 2 SOURCES Summary of the Report on the Activity of the Commissioner for Human Rights/Ombudsman in 2017, with Comments on the Observance of Human and Civil Rights and Freedoms Editor-in-chief: Stanisław Trociuk Edited by the Office of the Commissioner for Human Rights: Irena Kumidor Translation: COMTEX JOANNA WYKRĘTOWICZ Published by: Office of the Commissioner for Human Rights al. Solidarności 77, 00-090 Warszawa www.rpo.gov.pl Helpline 800 676 676 © Copyright by Biuro Rzecznika Praw Obywatelskich Warszawa 2018 ISSN 0860-7958 Submitted for typesetting in August 2018 Authorised for publication in August 2018 Edition: 250 copies Proofreading, printing and binding: Grafpol Agnieszka Blicharz-Krupińska ul. Czarnieckiego 1, 53-650 Wrocław tel. 507 096 545; mail: [email protected] 2 Table of contents Table of contents ................................................................................................ -
1 H.E. Mr Andrzej Duda, President of the Republic of Poland H.E. Mr
H.E. Mr Andrzej Duda, President of the Republic of Poland H.E. Mr Tomasz Grodzki, Marshal of the Senate of the Republic of Poland H.E. Ms Elżbieta Witek, Marshal of the Sejm of the Republic of Poland H.E. Mr Mateusz Morawiecki, Prime Minister of the Republic of Poland 8 June 2020 Excellencies, On 19 March 2020 the Bar Council of England and Wales (Bar Council) and the Bar Human Rights Committee of England and Wales (BHRC) wrote to you to express grave concern as to the motion filed by the National Prosecution Office to the Disciplinary Chamber of the Supreme Court (Disciplinary Chamber) to waive the immunity of Judge Igor Tuleya. We called upon the relevant Polish authorities to respect their obligations under the Polish Constitution, the European Convention on Human Rights, and European Union law; to comply with the judgment of the Supreme Court of 5 December 2019; to respect the resolution of the Polish Supreme Court of 23 January 2020; to refrain from actions and statements attacking and vilifying judges and prosecutors; and to take all necessary measures to suspend the operation of the Disciplinary Chamber and end the politicisation of the new National Council of the Judiciary. We called for the arbitrary motion against Judge Igor Tuleya to be withdrawn without delay. We understand that there is to be a hearing of the motion on 9 June 2020. Since 19 March there have been important developments. On 8 April 2020 the Court of Justice of European Union specified in Case C-791/19 R (Commission v Poland) that Poland must immediately suspend the application of the national provisions on the powers of the Disciplinary Chamber of the Supreme Court with regard to disciplinary cases concerning judges. -
The Protection of Human Rights in the New Polish Constitution
Fordham International Law Journal Volume 22, Issue 2 1998 Article 2 The Protection of Human Rights in the New Polish Constitution Ryszard Cholewinski∗ ∗ Copyright c 1998 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj The Protection of Human Rights in the New Polish Constitution Ryszard Cholewinski Abstract This Article examines the extent of human rights protection under the Constitution of the Re- public of Poland of April 2, 1997 (”new Polish Constitution” or “Constitution”), adopted on April 2, 1997, by the Polish National Assembly and approved by the Polish people in a referendum on May 25, 1997. The Constitution, a lengthy document composed of 243 articles, came into force on October 17, 1997, and is one of the last constitutions to be adopted in Central and Eastern Europe since the start of the political and socio-economic transformations of the post-communist era. This Article emphasizes the importance of the new Polish Constitution in light of the long tradition of constitutionalism in Poland. Part I surveys some of the earlier constitutional texts, with particular focus on the provisions concerning the protection of human rights. After briefly discussing the difficulties encountered in drafting the new Polish Constitution, Part II analyzes the protection of rights and freedoms in the Constitution in light of the most recent developments. This part focuses on the general principles underlying rights and freedoms in the Constitution, certain prominent civil and political rights of particular importance in their specific Polish context, the debate surrounding the constitutionalization of economic and social rights, the protection of so-called ”third-generation rights” such as the right to a clean and healthy environment, and lim- itations on rights and freedoms. -
The Rafto Prize 2018 Is Awarded to the Polish Lawyer Adam Bodnar and the Institution He Leads, the Office of the Commissioner F
Award statement 27.09.2018 THE RAFTO PRIZE 2018 IS AWARDED TO THE POLISH LAWYER ADAM BODNAR AND THE INSTITUTION HE LEADS, THE OFFICE OF THE COMMISSIONER FOR HUMAN RIGHTS, FOR THE IMPORTANT STANCE TAKEN IN THE FACE OF CURRENT POLITICAL DEVELOPMENTS IN POLAND. - Defender of minority rights and judicial independence in Poland A key function of the Ombudsman, the Commissioner for Human Rights, is to ensure that the public authorities secure and respect the human rights of all members of Polish society. As Commissioner, Adam Bodnar has highlighted the crucial role played by independent Ombudsman institutions in safeguarding human rights in Poland - and other countries - where such actors and institutions come under attack. To guarantee fundamental human rights for all, it is necessary to maintain the independence of the judiciary, a free press, and an active civil society. Protection of the interests of minorities is a significant democratic value. Democracy is fragile when it is reduced to the will of the majority and when human rights, minority rights and the rule of law are undermined. Since Law and Justice (PiS) won the Polish election in October 2015, the party has used its majority in the National Parliament to adopt legislation that reduces the independence of the courts and centralizes state powers. New laws grant the government control of state media and place severe limits on freedom of information and political lobbying. The rights of vulnerable groups have been repeatedly ignored. In this situation, the Commissioner for Human Rights is an important defender of judicial independence and minority rights. As an independent ombudsman, Adam Bodnar stands out as an advocate of democracy, a defender of minorities and fundamental human rights. -
The Polish Paradox: from a Fight for Democracy to the Political Radicalization and Social Exclusion
social sciences $€ £ ¥ Article The Polish Paradox: From a Fight for Democracy to the Political Radicalization and Social Exclusion Zofia Kinowska-Mazaraki Department of Studies of Elites and Political Institutions, Institute of Political Studies of the Polish Academy of Sciences, Polna 18/20, 00-625 Warsaw, Poland; [email protected] Abstract: Poland has gone through a series of remarkable political transformations over the last 30 years. It has changed from a communist state in the Soviet sphere of influence to an autonomic prosperous democracy and proud member of the EU. Paradoxically, since 2015, Poland seems to be heading rapidly in the opposite direction. It was the Polish Solidarity movement that started the peaceful revolution that subsequently triggered important democratic changes on a worldwide scale, including the demolition of the Berlin Wall, the collapse of Communism and the end of Cold War. Fighting for freedom and independence is an important part of Polish national identity, sealed with the blood of generations dying in numerous uprisings. However, participation in the democratic process is curiously limited in Poland. The right-wing, populist Law and Justice Party (PiS) won elections in Poland in 2015. Since then, Poles have given up more and more freedoms in exchange for promises of protection from different imaginary enemies, including Muslim refugees and the gay and lesbian community. More and more social groups are being marginalized and deprived of their civil rights. The COVID-19 pandemic has given the ruling party a reason to further limit the right of assembly and protest. Polish society is sinking into deeper and deeper divisions. -
ESI Newsletter 7/2019 16 December 2019 How the Rule of Law Dies
ESI newsletter 7/2019 16 December 2019 How the rule of law dies … is this possible inside the EU? "People do not immediately realise what is happening. Many continue to believe that they are living under a democracy. In 2011, when a Latinobarometer survey asked Venezuelans to rate their own country from 1 ("not at all democratic") to 10 ("completely democratic"), 51 percent of respondents gave their country a score of 8 or higher." (From: How Democracies Die) "An independent judiciary is the cornerstone for democracy and the rule of law … The current situation in Venezuela demonstrates the consequences of the absence of an independent judiciary capable of guaranteeing the right of every person to participate in peaceful protests without becoming a victim of criminalization or repression." (From: ICJ, Strengthening the Rule of law in Venezuela, 2014) Dear friends, Please find attached the latest ESI-Batory paper on one of the most dramatic developments in the European Union today: ESI-Batory paper: Poland's deepening crisis – When the rule of law dies in Europe 14 December 2019 What is at stake in Poland today is the future of the EU as a project based on the rule of law. The second article of the Treaty of the European Union states clearly: 2 "The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights." The EU's Charter of Fundamental Rights promises: "Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law." Every day across Europe, national courts recognise the judgements of courts in other member states, whether these involve commercial law, the European arrest warrant or child custody. -
The Ombudsman for Children in Poland1: a Model for Namibia?
The Ombudsman for Children in Poland1: A model for Namibia? Agata Rogalska-Piechota Introduction Even though the Ombudsmen system is difficult to evaluate,2 the role of ombudsman or other possible independent national human rights institutions in the promotion and protection of the rights of the child is indisputable. States all over the world, encouraged by relevant provisions of the Convention on the Rights of the Child,3 ensure that the children’s issues are not excluded from the scope of interest of the domestic Ombudsman or their collective equivalent. At the same time, it is vital to remember that several states have decided to abandon the model of establishing one universal independent national human rights protection body, which serves all possible groups of individuals, and have instead constituted at least one complementary institution of narrow and specialised character. A good example of a state that decided to introduce an institution focused exclusively on children is the Republic of Poland, a country that in 1978 initiated in the United Nations Commission on Human Rights work on the Convention on the Rights of the Child. There, besides the ‘general’ Ombudsman, is also the Ombudsman for Children.4 The institution, which is present in the Polish domestic legal system since 1997 and was primarily modelled on its Norwegian equivalent,5 has gone long way to the point where it is now – being perceived as one of the most effective Ombudsmen for 1 The notion Ombudsman for Children is an indirect translation of the Polish expression Rzecznik Praw Dziecka, used by the body in itself in the international relations. -
2020 Poland Country Report | SGI Sustainable Governance Indicators
Poland Report Claudia-Yvette Matthes, Radoslaw Markowski, Frank Bönker (Coordinator) Sustainable Governance Indicators 2020 © vege - stock.adobe.com Sustainable Governance SGI Indicators SGI 2020 | 2 Poland Report Executive Summary In 2019, two national elections were held in Poland: the European Parliament elections in May 2019, and elections to the two chambers of the Polish parliament, the Sejm and the Senate, in October 2019. Like the local elections in October 2018, these elections were set as a choice between two extremes. The opposition argued people should opt for a pro-European, progressive perspective that respects the rule of law, whereas the government presented itself as the political choice for traditional national and family values, and social protection. In the elections to the European Parliament, the democratic opposition even formed a single bloc, the European Coalition. Both elections were won by the governing PiS, which won 45.3% of the votes for the European Parliament and 43.59% of the votes for the Sejm. In the Sejm, the PiS now faces four opposition alliances, the Civic Coalition led by the Civic Platform (PO), the Polish Coalition around the Polish People’s Party (PSL), the Left led by the Social Democrats (SLD) and the nationalist Konfederacja. The election results show the usual north-west versus south-east and urban versus rural cleavages. In the elections to the European Parliament and the Polish parliament alike turnout increased – from 23.83% in 2014 to 45.68% in the 2019 European Parliament elections, and from 50.92% to 61.74% for the national elections. This can be considered a positive development regarding political participation. -
Poland: Briefing on the Rule of Law and Independence of the Judiciary in Poland in 2020-2021
POLAND: BRIEFING ON THE RULE OF LAW AND INDEPENDENCE OF THE JUDICIARY IN POLAND IN 2020-2021 Amnesty International is a movement of 10 million people which mobilizes the humanity in everyone and campaigns for change so we can all enjoy our human rights. Our vision is of a world where those in power keep their promises, respect international law and are held to account. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and individual donations. We believe that acting in solidarity and compassion with people everywhere can change our societies for the better. © Amnesty International 2021 Except where otherwise noted, content in this document is licensed under a Creative Commons Cover photo: © Piotr Wójcik (attribution, non-commercial, no derivatives, international 4.0) licence. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2020 by Amnesty International Ltd Peter Benenson House, 1 Easton Street London WC1X 0DW, UK Index: EUR 37/4304/2021 Original language: English amnesty.org CONTENTS 1. INTRODUCTION 7 2. DEVELOPMENT CONCERNING RULE OF LAW AND HUMAN RIGHTS IN POLAND IN 2020 8 2.1 LEGAL DEVELOPMENTS IN 2020: THE “MUZZLE LAW” 8 2.2 SIGNIFICANT LEGAL DEVELOPMENTS UNDERMINING THE INDEPENDENCE OF THE JUDICIARY 9 2.2.1 THREE ILLUSTRATIVE CASES OF INTERFERENCE WITH JUDICIAL INDEPENDENCE IN POLAND: WAIVING THE IMMUNITY OF JUDGES AND REMOVING THEM FROM OFFICE 9 2.2.2 THE CONSTITUTIONAL TRIBUNAL RULING ON ABORTION 11 2.3 IMPORTANT LEGAL DECISIONS AND JUDGMENTS 12 2.3.1 THE CJEU ORDERS THE SUSPENSION OF ACTIVITIES OF THE DISCIPLINARY CHAMBER OF THE SUPREME COURT 12 2.3.2 RESOLUTION BY A PANEL OF THREE CHAMBERS OF THE SUPREME COURT 12 3. -
Tilting the Playing Field in Hungary and Poland Through Informal Power Edit Zgut
Policy Paper April 2021 Tilting the Playing Field in Hungary and Poland through Informal Power Edit Zgut ReThink.CEE Fellowship Washington, DC Ankara Belgrade Berlin Brussels Bucharest Paris Warsaw Policy Paper April 2021 Summary Hungary and Poland have become the most prom- media outlets independent of the government. In inent cases of democratic backsliding and rule- recent months, once again Hungary’s government was of-law deterioration among the member states of the able to silence a dissident voice (Klubrádió) due to the European Union. Both countries have undergone a EU’s inaction, and developments concerning the press systemic change since the Fidesz and Law and Justice in Poland show that PiS is following in the footsteps of (PiS) parties came to power and started their illiberal Fidesz. Both regimes have also learned to develop new remodeling in 2010 and 2015 respectively. The EU has ways to make elections unfair in an informal way that not been able to force either government to comply is more difficult for international observers to identify with its core values, despite introducing various instru- than outright fraud. ments to that end. Furthermore, the EU’s procedures It is crucial for the EU to pay greater attention to for monitoring the institutional and legal systems in these problems of informal power in member states member states do not address the informal exercise like Hungary and Poland because its existing proce- of power that Fidesz and PiS have used to undermine dures for dealing with democratic and rule-of-law Hungarian and Polish democracy. backsliding mainly monitor the institutional and This paper provides a nuanced picture of demo- legal systems and are ill-suited to address informal cratic backsliding in Hungary and Poland by analyzing mechanisms used by governments. -
Following a Fact Finding Mission to Warsaw, Poland from 18 - 20 July 2016
REPORT By the International Ombudsman Institute (IOI) Following a Fact Finding Mission to Warsaw, Poland from 18 - 20 July 2016 Ombudsman Under Threat RECOMMENDATIONS To acknowledge the internationally renowned Polish Commissioner for Human Rights that has served as a model institution in the region To support the Commissioner for Human Rights to independently exercise his mandate, by ensuring access to court, in particular access to the Constitutional Court without (further) undermining the credibility of the courts To ensure that the Commissioner for Human Rights is equipped with sufficient financial and staff resources to fulfil his multiple mandates in order to be able to continue to effectively and efficiently carry on his duties To oppose and condemn personal attacks against the Commissioner for Human Rights and his deputies To emphasize vis-à-vis international and regional organisations, e.g. the European Union, the Council of Europe, the Organization for Security and Cooperation in Europe, the importance of supporting the Commissioner for Human Rights in order to secure his continuing independence. Vienna, October 2016 1 THE IOI The International Ombudsman Institute (IOI), established in 1978, is the only global organisation for the cooperation of currently 175 independent Ombudsman institutions from more than 90 countries worldwide. The IOI is organised in six regional chapters (Africa, Asia, Australasia & Pacific, Europe, the Caribbean & Latin America and North America). The role of the ombudsman is to protect the people against the violation of rights, abuse of power, unfair decisions and maladministration. Ombudsman institutions play an increasingly important role in improving public administration while making governments’ actions more open and administration more accountable to the public. -
Poland by Anna Wójcik Capital: Warsaw Population: 37.95 Million GNI/Capita, PPP: $26,770
Poland by Anna Wójcik Capital: Warsaw Population: 37.95 million GNI/capita, PPP: $26,770 Source: World Bank World Development Indicators. Nations in Transit Ratings and Averaged Scores NIT Edition 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 National Democratic Governance 3.25 3.25 2.75 2.50 2.50 2.50 2.50 2.75 3.25 4.00 Electoral Process 2.00 1.75 1.50 1.25 1.25 1.25 1.50 1.50 1.50 1.50 Civil Society 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.75 2.00 Independent Media 2.00 2.25 2.25 2.25 2.50 2.50 2.50 2.75 3.00 3.00 Local Democratic Governance 2.00 1.75 1.75 1.75 1.75 1.50 1.50 1.50 1.75 2.00 Judicial Framework and Independence 2.25 2.50 2.50 2.50 2.50 2.50 2.50 2.75 3.25 4.25 Corruption 2.75 3.25 3.25 3.25 3.25 3.50 3.50 3.50 3.50 3.50 Democracy Score 2.25 2.32 2.21 2.14 2.18 2.18 2.21 2.32 2.57 2.89 NOTE: The ratings reflect the consensus of Freedom House, its academic advisers, and the author(s) of this report. The opinions expressed in this report are those of the author(s). The ratings are based on a scale of 1 to 7, with 1 representing the highest level of democratic progress and 7 the lowest.