The Venice Commission and the Council of Europe\u2019s DGI issued a critical opinion stating that the Polish President\u2019s proposed judicial legislation fails to resolve the nation\u2019s systemic legal impasse.<\/p>\n
The Venice Commission, an advisory body on constitutional law, drafted the opinion alongside the Council of Europe\u2019s Directorate General for Human Rights and Rule of Law (DGI). The document was adopted at a plenary session in Venice, attended by representatives from the Chancellery of the President, the Sejm, and the Ministry of Justice.<\/p>\n
The report warns that the ongoing standoff between polarized political forces prevents guaranteed access to justice. It concludes that the current legislative draft is not a viable solution, urging instead for constructive institutional dialogue and cooperation.<\/p>\n
Sejm Marshal W\u0142odzimierz Czarzasty, who submitted the bill for review, previously criticized the draft as sloppily written and harmful to judicial independence and the separation of powers. The proposal includes provisions for up to 10 years of imprisonment for judges who refuse to sit on designated benches.<\/p>\n
The 26-article bill mandates that judges refrain from questioning the validity of constitutional bodies, such as the Constitutional Tribunal or the National Council of the Judiciary (KRS). It further prohibits any court or public authority from assessing the legality of judicial appointments or dismissing rulings made by judges appointed through the current system.<\/p>\n
The opinion highlights the severe staffing shortages in the Polish judiciary, which hinder the efficiency of the courts. The Commission recommends establishing mandatory, timely recruitment procedures for judicial vacancies to prevent political interference.<\/p>\n
The report emphasizes that the bill must be viewed through the lens of the current crisis, noting that approximately 30 percent of Polish judges\u2014around 3,000 individuals\u2014were appointed by a flawed National Council of the Judiciary. While Venice Commission opinions are non-binding, they are influential among European Union institutions.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
The Venice Commission and the Council of Europe\u2019s DGI issued a critical opinion stating that the Polish President\u2019s proposed judicial legislation fails to resolve the nation\u2019s systemic legal impasse. Venice Commission Assessment The Venice Commission, an advisory body on constitutional law, drafted the opinion alongside the Council of Europe\u2019s Directorate General for Human Rights and […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"wpai_generated_summary":"","footnotes":""},"categories":[43],"tags":[],"class_list":["post-3380","post","type-post","status-publish","format-standard","hentry","category-politics-and-law"],"_links":{"self":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/3380","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/comments?post=3380"}],"version-history":[{"count":0,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/3380\/revisions"}],"wp:attachment":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/media?parent=3380"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/categories?post=3380"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/tags?post=3380"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}