OSCE Publishes Urgent Interim Opinion on Rule of Law Situation in Poland [1]
On January 14, 2020, the Organization for Security and Co-operation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) published an Urgent Interim Opinion [3] on the publication of a Bill which amends several legislative Acts of Poland relating to the organization of the Supreme Court of Poland. The Opinion was drafted in response to a request from the Polish Commissioner for Human Rights and assesses the Bill's compliance with OSCE and international human rights and rule of law standards, while still recognizing the right of every state to reform its judiciary. The Bill at issue was adopted by the Sejm in the Polish Parliament and is now before the Senate for consideration. The ODIHR Opinion concludes that "several provisions [of the Bill] reviewed are inherently incompatible with international standards and OSCE commitments on judicial independence" and that certain "breaches of these standards are so fundamental that they may put into question the very legitimacy of the Bill, which should be reconsidered in its entirety and should not be adopted as it is." For example, the Opinion highlights its "most significant concern": the Bill prohibits "any review or questioning of the status of any individual appointed by the President of the Republic to a judicial position or of any court, tribunal or other state body." The Senate received the Bill on December 23, 2019, and has thirty days to review it. It can either adopt it, return it to the Sjem with amendments, or reject it completely.