Poland
Topic
ODIHR Legal Reviews, Assessments
Variety of useful resources and tools prepared by ODIHR to support legal reform in OSCE participating States. It includes legal reviews of draft and exisiting national legislation and assessments of legislative process.
Opinions
The Final Opinion starts by underlining, as done in previous ODIHR opinions on judicial reform in Poland in 2017-2024, that while every state has the right to reform its judicial system, such reforms should always comply with the country’s constitutional requirements, adhere to the rule of law principles, be compliant with international law and human rights standards, as well as OSCE commitments. These underlying principles should guide the legislative choices to be made by the Polish legislators to execute the judgments against Poland concerning judicial independence. The Final Opinion also specifically underlines the complexity and scale of the reform required to address the systemic deficiencies of the judicial system in Poland as identified by the European Court of Human Right (ECtHR), the Court of Justice of the European Union (CJEU), international organizations, including ODIHR, as well as national observers. The Final Opinion welcomes the reinstatement of the principle of s/election of judge members of the NCJ by their peers to restore the NCJ’s independence as exhorted by the ECtHR and in accordance with recommendations elaborated at the international and regional levels. In addition, the Opinion also notes a number of positive aspects that address some of the recommendations made by ODIHR in its 2017 opinions. With respect to the two most contentious issues (early removal of incumbent judge members in the NCJ who were elected by the Sejm and ineligibility to stand as candidates for judges appointed or promoted by the newly composed NCJ after the 2017 reform), ODIHR concludes that, in the given extraordinary circumstances, and in light of the abundant caselaw of international courts expressly calling for legislative reform to restore the Council’s independence by ensuring s/election of judge members by their peers, the proposed options may be justified as exceptional (one-time) and proportionate transitory measures in order not to perpetuate the systemic dysfunction resulting from the continuous operation of the NCJ in its current composition. With respect to the status of defectively appointed judges, ODIHR endorses the principle of a possible categorization of judges by types of courts and positions, noting the various policy options that may be considered and the necessary safeguards to be in place to protect the rights of the judges that may be unduly impacted by such reforms.
Comments
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Notes
Others
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Legislation
Constitution
Variety of useful resources and tools prepared by ODIHR to support legal reform in OSCE participating States. It includes legal reviews of draft and exisiting national legislation and assessments of legislative process.
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Legislation
Criminal codes
National legislative acts on a range of human dimension issues. It offers access to full-text documents, as well as summaries of and excerpts from national constitutions, primary and secondary legislation and case-law from across the OSCE region.
Legislation
Primary and Secondary
National legislative acts on a range of human dimension issues. It offers access to full-text documents, as well as summaries of and excerpts from national constitutions, primary and secondary legislation and case-law from across the OSCE region.
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International standards
National legislative acts on a range of human dimension issues. It offers access to full-text documents, as well as summaries of and excerpts from national constitutions, primary and secondary legislation and case-law from across the OSCE region.
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Case-law
Case law subline. Status of Ratification of the Main International Human Rights Treaties, Conventions and other instruments. International Case-law for selected topics.
National
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