October, 19th, 2016, Warsaw
Mr Andrzej Duda
The President of the Republic of Poland
The Chancellery of the President of the Republic of Poland
Wiejska 10 Street
00-489 Warsaw
Mrs Beata Szydło
The Prime Minister
The Chancellery of the Prime Minister
Aleje Ujazdowskie 1/3
00-583 Warsaw
Since 2015, with great concern, we have been following the development of the constitutional crisis in Poland. The crisis, which at its initial stages could have been resolved through the measures provided by law, has escalated to the point that it poses a serious risk for the protection of the rule of law and human rights.
At the end of July 2016, the European Commission adopted the Rule of Law Recommendation on the situation in Poland, opening the second stage of the Rule of Law Framework. The European Commission asked the Polish government to inform the Commission, within three months, of the steps towards the implementation of the recommendations.
On behalf of the non-governmental organisations working for civil society and protection of human rights who signed this letter, we would like to appeal to you to implement these recommendations.
The European Commission recommended the Polish authorities to fully execute the judgments of the Constitutional Tribunal of 3 and 9 December 2015. According to those judgements, the seats in the Constitutional Tribunal should be taken by three judges legally appointed by the Parliament of the previous term in October 2015, and not by the judges appointed by the Parliament without a valid legal basis in December 2015. The judges appointed in October 2015 have so far not been sworn into office.
The European Commission recommended further that the Polish government should publish and respect all the judgements of the Constitutional Tribunal and guarantee that any future reform of the Act on the Constitutional Tribunal is in compliance with the Tribunal’s judgements and ensure the possibility for the Constitutional Tribunal to review the compatibility of the Act on the Constitutional Tribunal of July 2016 with the Constitution. The European Commission also pointed to the necessity to refrain from actions and public statements which could undermine the legitimacy and efficiency of the Constitutional Tribunal.
It is our great concern that none of these recommendations has been implemented. So far, the judgement of 9 March 2016, in which the Constitutional Tribunal verified the constitutionality of the Act on the Constitutional Tribunal of December 2015, and the judgement of 11 August 2016, in which the Constitutional Tribunal verified the constitutionality of the Act on the Constitutional Tribunal of July 2016, have not been published.
Furthermore, the new Act on the Constitutional Tribunal adopted in July 2016 does not fulfil the recommendations presented by the Venice Commission, and the Constitutional Tribunal in its judgement of August 2016 found it partly unconstitutional. In our opinion, the new draft Act on the status of the judge of a Constitutional Tribunal could be the next step towards weakening the independence of the Tribunal.
With growing concern, in the last couple of months we have noted numerous statements made by the representatives of the governing majority addressed to the Constitutional Tribunal and its judges. Undermining the constitutional role of the Tribunal and endangering its independence is incompatible with a democratic society based on respect for human rights and rule of law.
Dear President Duda, Dear Prime Minister Szydło,
In recent months, on many occasions, you have rightly noted that the European Union faces difficult problems requiring solutions. The problems concern, among others, the migration crisis or the United Kingdom’s exit from the community. We do believe that the European Union created by states with strong democratic systems and respecting human rights can address these challenges.
Therefore, we join the European Commission and call upon you to swear into office the three judges legally appointed in October 2015, publish two remaining judgements of the Constitutional Tribunal, respect all of its judgements and refrain from any further actions that could threaten its independence. These will be the first steps toward restoration of the full protection of the rule of law in Poland.
On behalf of the signatories,
Danuta Przywara
President of the Board
Helsinki Foundation for Human Rights
1. Akcja Demokracja Polska
2. Albanian Helsinki Committee Albania
3. Amnesty International Polska
4. Antigone Italy
5. Association UMDPL Ukraine
6. B.a.B.e Croatia
7. Belarusian Helsinki Committe Belarus
8. Belarusian Human Rights House on behalf of: Belarusian Helsinki Committee, Belarusian Pen Centre, Human Rights Center Viasna Law Initiative Belarus
9. BlueLink Foundation Bulgaria
10. Bulgarian Helsinki Committee Bulgaria
11. Caucasian Centre for Human Rights & Conflict Studies (CCHRCS) Georgia
12. Center for Civil Liberties Ukraine
13. Centre for Civil and Political Rights Switzerland
14. Centre for Peace Studies Croatia
15. CROSOL - Croatian Platform for International Citizen Solidarity Croatia
16. DRA Berlin (German-Russian Exchange) Germany
17. Educational Human Rights House Chernihiv on behalf of: AHALAR, ALMENDA, MART, Transcarpathian Public Center Ukraine
18. Election Monitoring and Democracy Studies Center Azerbaijan
19. Estonian Human Rights Centre Estonia
20. Europe without Barriers Ukraine
21. European Grassroots Antiracist Movement
22. Fair Trials United Kingdom
23. Forum for Human Rights (FORUM) Slovakia
24. Free Citizen Civic Initiatives' Support Center Armenia
25. Fundacja im. Stefana Batorego Polska
26. Fundacja Panoptykon Polska
27. Fundacja Unia Europejska-Polska Polska
28. Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims (GCRT) Georgia
29. Georgian Young Lawyers' Association Georgia
30. Greek Helsinki Monitor Greece
31. Health and Human Rights Info Norway
32. Helsinki Association for Human Rights Defender Armenia
33. Helsinki Citizens' Assembly -Vanadzor Armenia
34. Helsinki Committee for Human Rights in Serbia Serbia
35. Helsinki Committee in Serbia Serbia
36. Helsinki Committee of Armenia Armenia
37. Helsińska Fundacja Praw Człowieka Polska
38. Homo Faber Polska
39. Human Right Council of St.Petersburg Russia
40. Human Right Monitoring Institute Lithuania
41. Human Rights Center of Azerbaijan Azerbaijan
42. Human Rights First The United States of America
43. Human Rights House Foundation Norway
44. Human Rights House Voronezh Russia
45. Human Rights Information Center Ukraine
46. Human Rights League Slovakia
47. Human Rights Movement "Bir Duino-Kyrgyzstan" Kyrgyzstan
48. Human Rights Watch
49. Humanitarian Research Public Union Azerbaijan
50. Hungarian Civil Liberties Union Hungary
51. Hungarian Helsinki Committee Hungary
52. INPRIS (Instytut Prawa i Społeczeństwa) Polska
53. Institute Respublica Ukraine
54. Instytut Spraw Publicznych Polska
55. International Commission of Jurists (NJCM) Netherlands
56. International Consortium EUROBELARUS
57. International Partnership for Human Rights
58. Italian Coalition for Civil Liberties Italy
59. Kazakhstan International Bureau for Human Rights and Rule of Law Kazakchstan
60. Kharkiv Human Rights Protection Group Ukraine
61. Kosova Rehabilitation Center for Torture Victims
62. Lawyers’ Committee for Human Rights – YUCOM Serbia
63. League of Human Rights Czech Republic
64. Legal Education Society Azerbaijan
65. Legal Resources Centre Moldova
66. Liberal Academy Tbilisi Georgia
67. Media Rights Institute Azerbaijan Azerbaijan
68. Netherlands Helsinki Committee (NHC) Netherlands
69. Norwegian Helsinki Committee Norway
70. Notabene Tajikistan
71. Polskie Towarzystwo Prawa Antydyskryminacyjnego Polska
72. Promo LEX Moldova Moldova
73. Protection of rights without borders Armenia
74. Public Foundation Golos Svobody Kyrgyzstan
75. Public Information and Need of Knowledge Armenia
76. Public Union of Democracy and Human Rights Resource Centre Azerbaijan
77. Public Verdict Foundation Russia
78. Regional Center for Strategic Studies Georgia/Azerbaijan
79. Rights International Spain Spain
80. Sieć Obywatelska Watchdog Polska
81. Sova Center for Information and Analysis Russia
82. Statewatch United Kingdom
83. Stowarzyszenie im. Prof. Zbigniewa Hołdy Polska
84. Stowarzyszenie Interwencji Prawnej Polska
85. Stowarzyszenie Projekt: Polska Polska
86. Stowarzyszenie przeciw Antysemityzmowi i Ksenofobii Otwarta Rzeczpospolita Polska
87. Swiss Helsinki Association Sweden
88. UHHRU and ACICC
89. Women Crisis Center Azerbaijan
90. World Organisation Against Torture (OMCT)
