Venice Commission probing democratic standards in Poland

The Council of Europe's Venice Commission, a constitutional watchdog, visited Poland on the 8-9 February 2016 to investigate whether democratic standards were being upheld by Poland.

Polish Foreign Minister Witold Waszczykowski had asked the Venice Commission in December 2015 for an opinion on the legal amendments to the Constitutional Tribunal adopted in December 2015, following the coming into office of the Law and Justice (PiS) party government earlier in the month.

The draft opinion of the Venice Commission would be prepared and submitted for adoption by the next plenary session of the Venice Commission which would take place on 11 and 12 March 2016.

A copy of the draft opinion of the Venice Commission was leaked to the media at the end of February 2016. This suggested that the country’s radical changes to Constitutional Tribunal threatened democratic norms. The Commission was due to meet on 11 March 2016 to adopt the final version of the report.

The Commission said it would not postpone the report despite a request for a delay from the Polish government. The head of the governing Law and Justice (PiS) party, Jarosław Kaczyński, said that the draft opinion of the Commission was legally 'absurd'.

• Primary Source

ESO: Background information: College Orientation Debate on recent developments in Poland and the Rule of Law Framework: Questions & Answers http://www.europeansources.info/record/memo-college-orientation-debate-on-recent-developments-in-poland-and-the-rule-of-law-framework-questions-answers/

Council of Europe: Human Rights and Rule of Law: Venice Commission http://www.venice.coe.int/webforms/events/

Council of Europe: Human Rights and Rule of Law: Venice Commission: Poland – forthcoming opinion – visit to the country, 08-09 February 2016 http://www.venice.coe.int/webforms/events/?id=2170

Politico, 28.02.16: Poland’s ‘rule of law in danger’ http://www.politico.eu/article/poland-kaczynski-szydlo-tribunal-constitution-crisis/

The Guardian, 29.02.16: Poland's changes to court system 'endanger democracy' http://www.theguardian.com/world/2016/feb/29/polands-changes-to-court-system-risking-democracy

Radio Poland, 01.03.16: Polish official hits out at leak of watchdog report http://www.thenews.pl/1/10/Artykul/242793,Polish-official-hits-out-at-leak-of-watchdog-report

Politico, 04.03.16: Poland fails to delay report on its rule of law http://www.politico.eu/article/poland-kaczynski-tribunal-democracy/

Radio Poland, 04.03.16: PiS leader calls Venice Commission draft opinion 'absurd' http://www.thenews.pl/1/9/Artykul/243257,PiS-leader-calls-Venice-Commission-draft-opinion-absurd

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