Poland: Further information: Judicial reforms must not threaten fair trial
On 24 July President Duda vetoed two of the three controversial legislative amendments regarding judicial reforms but signed a third amendment. The bills threaten to undermine the independence of the judiciary by awarding the government direct control over Polish courts.
Further information on UA: 173/17 Index: EUR 37/6851/2017 Poland Date: 3 August 2017
URGENT ACTION
JUDICIAL REFORMS MUST NOT THREATEN FAIR TRIAL
On 24 July President Duda vetoed two of the three controversial legislative amendments
regarding judicial reforms but signed a third amendment. The bills threaten to undermine
the independence of the judiciary by awarding the government direct control over Polish
courts.
Poland’s constitution won partial reprieve last Monday when President Duda announced his decision to veto two
contentious judicial reforms, one to the Law on the National Council of Judiciary and the other to the Law on the
Supreme Court. Adopted by Parliament on 15 July, the two bills served to curb the independence of the judiciary by
awarding the government direct power over Poland’s courts, jeopardising fair trial guarantees.
The two bills have now been sent back to the lower chamber of Parliament (Sejm) where they can still be forced
through, overriding the President’s vetoes. The Speaker of the lower chamber will direct the two bills to the
Parliamentary Commission which prepares a motion on either adopting the bills again or a contrary motion to reject
them. However in order to do the former, two conditions must be met: at least half the members of the lower
chamber of Parliament must participate in the vote and there needs to be a three fifth majority in order to be
passed. If the lower chamber votes to adopt the law, the President has seven days to sign it. There is also the risk
that the government may present new, and possibly more worrying, amendments to the two laws and get it passed
through Parliament with a simple majority.
While Amnesty International welcomes the President’s announcement last Monday to veto the two bills, his
decision a day later, on 25 July, to sign the bill on the Law on the Common Courts- which gives the Ministry of
Justice - who also serves as the Prosecutor General - power to appoint the heads of courts, demonstrates the
gravity of Poland’s dangerous direction of travel. The bill, published on 28 July, will enter into force on 12 August.
These reforms, in breach of Poland’s own Constitution (Article 45), EU law and its other obligations under
international human rights law, threaten to seriously compromise the independence of the courts and possess
significant implications on both the rule of law and the right to a fair trial.
Please write immediately in Polish, English or your own language:
Urging Parliament to reject the two amendments by voting against any motion to readopt the two bills;
Urging the President to veto any new laws that breach the independence of the judiciary and put the right
to fair trail at risk;
Urging them both to ensure any reform of the judiciary is in line with international fair trial standards.
PLEASE SEND APPEALS BEFORE 13 SEPTEMBER 2017 TO:
President of the Republic of Poland
Andrzej Duda
Kancelaria Prezydenta Rzeczypospolitej
Polskiej
ul. Wiejska 10
00-902 Warsaw, Poland
Twitter: Twiter: @prezydentpl
Fax: +48 22 695 22 38
Email: listy@prezydent.pl
Facebook: facebook.com/andrzejduda
Salutation: Dear President
Speaker of the lower chamber
Marek Kuchcinski
Kancelaria Sejmu
ul. Wiejska 4/6/8
00-902 Warsaw, Poland
Twitter: @MarekKuchcinski
Email: Marek.Kuchcinski@sejm.pl
Salutation: Dear Mr Speaker
Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below.
Please check with your section office if sending appeals after the above date. This is the first update of UA 173/17. Further information:
www.amnesty.org/en/documents/eur37/6751/2017/en/
URGENT ACTION
JUDICIAL REFORMS MUST NOT THREATEN FAIR TRIAL
ADDITIONAL INFORMATION
The reforms as presented by the government violate the independence of judiciary and are contrary to Poland’s obligations
under Article 6 of the European Convention on Human Rights, Article 14(1) of the ICCPR, Article 45 of the Constitution of the
Republic of Poland and Article 47 of the Charter of the Fundamental Rights of the European Union.
The Government of Poland has continuously attempted to undermine the rule of law and restrict human rights, including the
rights to freedom of expression and peaceful assembly, the right to privacy and women’s sexual and reproductive rights.
Although these attempts have been met with a strong response by civil society, the government’s reaction to protests further
confirms its resolve to silence critical voices and put the judiciary under political control.
On 25 July, the President signed the amendment on the Law on Common Courts. The law will enter into force on 12 August.
The amendment puts the power to appoint presidents and vice-presidents of the courts into the hands of the Minister of Justice,
who is also the Prosecutor General, and thus already possesses vast power and influence over judicial proceedings. The role of
the Minister of Justice grew significantly with the amendment. The amendment also changes the procedures for the promotion
of judges which fails to specify criteria for promotions and therefore introduce an element of arbitrariness.
On 29 July the European Commission (EC) announced it has triggered legal proceedings against Poland’s infringements of EU
law, in relation to the Common Courts bill. In the letter of Formal Notice they sent to Poland’s government, the EC considers the
amendment to be in breach of EU law by undermining the independence of the court; access to effective legal protection; and
right to remedy and fair trial (under both Article 19.1 of the Treaty of European Union and Article 47 of the EU Charter of
Fundamental Rights).
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Poland has one month to respond to the Commission’s letter.
Gender m/f: all
Further information on UA: 173/17 Index: EUR 37/6851/2017 Issue Date: 3 August 2017
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For more information see: http://europa.eu/rapid/press-release_IP-17-2205_en.htm