EquiLaw

Sikorski-Bodnar Confab: Reconstituting Poland's Juridical Symmetry

Synopsis: Foreign Minister Radosław Sikorski and Justice Minister Adam Bodnar held a briefing on Poland's efforts to restore rule of law and constitutional order. They emphasized the government's commitment to complying with the European Convention on Human Rights and judgments from the European Court of Human Rights in Strasbourg. The ministers outlined measures taken to address systemic issues, including restoring independence to the National Council of the Judiciary and adopting an act to implement ECHR rulings. The European Commission announced it will close the Article 7 TEU procedure against Poland.
Thursday, June 13, 2024
POLAND
Source : ContentFactory

In a significant briefing attended by Council of Europe member states, observer states, and Warsaw-based international organizations, Polish Foreign Minister Radosław Sikorski and Justice Minister Adam Bodnar outlined the government's resolute commitment to restoring rule of law and constitutional order in Poland. The ministers underscored Poland's dedication to fully observing the European Convention on Human Rights and complying with judgments handed down by the European Court of Human Rights in Strasbourg.

Sikorski and Bodnar acknowledged the pivotal role played by the Council of Europe and its bodies in shaping human rights standards across the continent, drawing upon the Council's 75 years of experience and achievements. They conceded that the previous administration's systemic departure from painstakingly established rule of law standards and violation of the constitutional balance of powers had resulted in several ECHR judgments against Poland.

The ministers highlighted the Polish government's enhanced cooperation with Council of Europe institutions and intensive efforts to address systemic gaps that led to violations of the European Convention on Human Rights. A key focus has been restoring independence to the National Council of the Judiciary. The Foreign Affairs and Justice Ministries are collaborating on legislation to implement ECHR rulings, aiming to establish transparent procedures and clearly define national authorities' obligations in the process.

Sikorski noted that following three unsuccessful attempts to select a Polish judge for the ECHR, the new government has bolstered democratic standards and the transparency and stability of the rules governing the selection process. He expressed confidence that an inclusive procedure, coupled with the professionalism and independence of the selection team, will enable Poland to submit a list of candidates meeting all standards required for the Court's judges to the Parliamentary Assembly of the Council of Europe.

Justice Minister Bodnar, who also serves as Prosecutor General, detailed ongoing and planned measures encompassing legislative, institutional, and practical aspects. He emphasized that respect for democratic standards extends beyond legal provisions to the daily functioning of public authorities. Bodnar presented the Justice Ministry's Action Plan at the European Union level, highlighting the involvement of civil society and academia in developing various legal solutions. He expressed gratitude to international bodies and organizations, particularly the Venice Commission and the OSCE Office for Democratic Institutions and Human Rights, for their active support in amending the procedure for electing judges to the National Council of the Judiciary.

The Polish government's concerted efforts have yielded tangible results, with the European Commission announcing its intention to swiftly close the Article 7 TEU procedure against Poland. This decision signifies the Commission's assessment that there is no longer a risk of a serious breach of the rule of law in Poland. The closure of the Article 7 procedure is a testament to the effectiveness of the measures implemented by the Polish government to restore rule of law and constitutional order.

As Poland continues to strengthen its adherence to democratic principles and the rule of law, the collaboration between the Foreign Affairs and Justice Ministries, along with the engagement of civil society and international organizations, remains crucial. The government's commitment to transparency, inclusivity, and compliance with European human rights standards sets a positive trajectory for Poland's future within the European framework.