Poland’s Constitutional Tribunal rules against swathe of legal changes / Stand-off over Polish court ruling intensifies / Poland should settle its constitutional crisis by respecting judgements of its Constitutional Tribunal: Venice Commission

Series Title
Series Details 09.03.16
Publication Date 09/03/2016
Content Type

Poland’s Constitutional Tribunal ruled on the 9 March 2016 that a series of controversial changes to the way it functioned – introduced by the ruling Law and Justice (PiS) party in December 2015 were unconstitutional.

Radio Poland reported that protesters in favour of the Constitutional Tribunal projected passages from the ruling onto the walls of the prime minister's office following the ruling, and that government and opposition politicians hurled accusations at each other.

The Council of Europe's Venice Commission was due to release a report assessing the situation around the Constitutional Tribunal on the 11 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 Venice Commission adopted an opinion on the 11 March 2016 on amendments to the law on Poland’s Constitutional Tribunal. It concluded that crippling the Tribunal’s effectiveness would undermine democracy, human rights and the rule of law.

The opinion insisted that both previous and present majorities of the Polish parliament (Sejm) had taken unconstitutional actions.

In term, the report of the Venice Commission was likely to influence the European Commission, which in January 2016 launched an investigation into Poland’s judicial reforms.

Council of Europe Secretary General Thorbjorn Jagland said on the 11 March 2016 that he would visit Poland in early April 2016. He added that the opinion adopted by the Venice Commission was the basis for holding a dialogue with Warsaw.

Thousands marched in Warsaw and other Polish cities on the 12 March 2016 in defence of the Constitutional Tribunal.

The demonstrations followed the Polish government's confirmation on the 12 March 2016 that it would not publish the 9 March 2016 key ruling by the Constitutional Tribunal, despite being urged to do so by Council of Europe's Venice Commission on the 11 March 2016.

Source Link http://www.thenews.pl/1/9/Artykul/243953,Poland%E2%80%99s-Constitutional-Tribunal-rules-against-swathe-of-legal-changes
Related Links
ESO: Background information: Venice Commission probing democratic standards in Poland http://www.europeansources.info/record/venice-commission-probing-democratic-standards-in-poland/
ESO: Background information: President signs Constitutional Tribunal bill http://www.europeansources.info/record/president-signs-constitutional-tribunal-bill/
Politico, 10.03.16: Poland won’t back down in constitutional fight http://www.politico.eu/article/poland-constituion-tribunal-democracy-kaczynski-rule-of-law-pis/
Radio Poland, 10.03.16: Stand-off over Polish court ruling intensifies http://www.thenews.pl/1/9/Artykul/244051,Standoff-over-Polish-court-ruling-intensifies-
Politico, 08.03.16: Polish judges wrestle Warsaw rulers http://www.politico.eu/article/polish-government-vs-judiciary-round-2/
EurActiv, 10.03.16: Poland’s top court strikes down ‘unconstitutional’ reforms http://www.euractiv.com/section/justice-home-affairs/news/polands-top-court-strikes-down-unconstitutional-reforms/
EUObserver, 10.03.16: Poland's constitutional dispute escalates https://euobserver.com/political/132633
The Guardian, 09.03.16: Poland's legal reforms do not comply with constitution, court rules http://www.theguardian.com/world/2016/mar/09/poland-constitutional-court-law-and-justice-government-reforms
Euro|Topics: Debates, March 2016: PiS government argues with Constitutional Tribunal http://www.eurotopics.net/en/155460/pis-government-argues-with-constitutional-tribunal
The Economist, 11.03.16: Poland and the Venice Commission. Poland’s government faces another test http://www.economist.com/news/europe/21694672-march-11th-venice-commission-will-look-changes-constitutional-tribunal-polands
Council of Europe: Press Release, 11.03.16: Poland should settle its constitutional crisis by respecting judgements of its Constitutional Tribunal: Venice Commission https://wcd.coe.int/ViewDoc.jsp?id=2424915
Radio Poland, 11.03.16: Venice Commission adopts ‘controversial’ report on Poland http://www.thenews.pl/1/10/Artykul/244296,Venice-Commission-adopts-%E2%80%98controversial%E2%80%99-report-on-Poland
EUObserver, 11.03.16: [Opinion]: Moment of truth in Polish constitutional dispute https://euobserver.com/opinion/132656
Poltico, 11.03.16: Poland rebuked for ‘crippling’ high court http://www.politico.eu/article/poland-rebuked-for-crippling-constitutional-court-pis-kaczynski/
BBC News, 11.03.16: Changes to Poland's top court 'weaken democracy' http://www.bbc.co.uk/news/world-europe-35786650
Deutsche Welle, 11.03.16: Council of Europe says Poland's reform efforts threaten democracy http://dw.com/p/1IBrn
Deutsche Welle, 12.03.16: Protests as Poland rejects top court ruling http://dw.com/p/1ICCr
Radio Poland, 11.03.16: Watchdog urges Poland to respect court judgment amid crisis http://www.thenews.pl/1/10/Artykul/244331,Watchdog-urges-Poland-to-respect-court-judgment-amid-crisis
Radio Poland, 12.03.16: Thousands march in defence of Polish court http://www.thenews.pl/1/9/Artykul/244431,Thousands-march-in-defence-of-Polish-court
BBC News, 12.03.16: Polish protests as government rejects court ruling http://www.bbc.co.uk/news/world-europe-35793914
EurActiv, 11.03.16: Poles launch campaign against court reform http://www.euractiv.com/section/central-europe/news/poles-launch-facebook-campaign-in-court-reform-battle/
Radio Poland, 25.03.16: Constitutional Tribunal head interviewed over leak http://www.thenews.pl/1/9/Artykul/246167,Constitutional-Tribunal-head-interviewed-over-leak

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