Draft report threatens Poland's sovereignty

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The Council of Europe warned that reforms of Poland's constitutional court pose a danger to the rule of law in the European Union member state.

Legal experts advised the Council of Europe to strike out provisions of a law reforming the country's highest court.

The reform took place after Poland's ruling Law and Justice (PiS) party removed judges from the constitutional tribunal based on the sole ground that they were installed by the opposition Civic Platform party.

According to the draft opinion of the Venice Commission, obtained by the Gazeta Wyborcza newspaper, it stated that "constitutional crisis" meant "not only is the rule of law in danger, but so is democracy and human rights."

"As long as the situation of constitutional crisis related to the constitutional tribunal remains unsettled and as long as the constitutional tribunal cannot carry out its work in an efficient manner, not only is the rule of law in danger, but so is democracy and human rights," the expert body concluded.

It said PiS reasoning on the need for pluralism of judges was wrong because "such a claim misunderstands the role of pluralism in a constitutional tribunal, which is not to represent political interests and parties."

To prevent future crises, it "recommended that the constitution be amended in the long run" to guarantee an "effective anti-deadlock mechanism" for the Constitutional Court.

It also said such changes could "slow down" the tribunal's decisions and make it "less effective as a guardian of the constitution."

It added that judicial checks and balances were "especially important in times of strong political majorities," alluding to PiS' dominant position in parliament.

Polish PM Beata Szydlo told that the draft text was under deliberation and that the Venice body will file its final conclusion. She noted that the findings would have no binding effect.

"Poland is a sovereign country and Polish authorities take decisions relating to its internal affairs in a sovereign manner, directed by the national interest on the basis of the constitution," she said.

The Polish government has yet no response to a letter from the Council of Europe secretary-general, sent in early January, expressing concern about the law's effect on "the integrity and independence" of the media.

"We hope to pursue a dialogue on that with the Polish authorities," the spokesman said.

The Council of Europe is an international organization that seeks to uphold human rights, democracy and the rule of law, working closely with the EU.

Tags
Poland, Democracy
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