COMMISSIONER FOR HUMAN RIGHTS Warsaw, 7 January 2020 Adam Bodnar VII.510.176.2019/MAW/PKR/PF/MW/CW Mr Tomasz Grodzki Speaker of the Senate of the Republic of Poland Dear Mr Speaker, In connection with the passing by the Sejm of the Republic of Poland, on 20 December 2019, of the Act amending the Law on the System of Ordinary Courts, the Act on the Supreme Court and certain other acts, and the submission thereof to the Senate of the Republic of Poland, I am hereby putting forward, pursuant to Article 16(1) of the Act of 15 July 1987 on the Commissioner for Human Rights (Journal of Laws of 2018, item 2179, as amended), comments of the Commissioner for Human Rights regarding the Act, and I am requesting that they be taken into account during the legislative process. In my opinion, the Act should be rejected in its entirety by the Polish Senate. The reasons for this are set out in detail herein below. I would be grateful if you would forward this letter to the Senators. Comments of the Commissioner for Human Rights Table of Contents 1. Introduction 2. Comments on the preamble to the Act 3. Limitation of the full effectiveness (effet utile) of EU law and judgments of the Court of Justice of the European Union Office of the Commissioner for Human Rights Phone (+48 22) 55 17 700 al. Solidarności 77 Helpline 800 676 676 00-090 Warsaw
[email protected] www.rpo.gov.pl • Definition of “judge” as per the Act • Jurisdiction of a judge • Assessment of Article 42a inserted in the Law on the System of Ordinary Courts (LSOC) 4.