What's new

Welcome

If you already have an account, please login, but if you don't have one yet, you are more than welcome to freely join the community of lawyers around the world..

Register Log in
  • We don't have any responsibilities about the news being sent in this site. Legal News are automatically being collected from sources and submitted in this forum by feed readers. Source of each news is set in the news and a link to its source is always added.
    (Any News older than 21 days from its post time will be deleted automatically!)

Jurist Poland top court rules human rights ombudsman may not remain in post until successor elected

Status
Not open for further replies.
  • Thread starter
  • Staff
  • #1

Dadparvar

Staff member
Nov 11, 2016
6,878
0
6
Poland’s Constitutional Tribunal on Thursday ruled Thursday that the country’s human rights commissioner, or ombudsman, may not continue holding their position after the end of their term until a successor is elected.

As a result of the ruling, Adam Bodnar, whose term ended in September, will be removed. He had been appointed with the backing of the parties now forming the opposition. The parliament had been unable to agree on a replacement as the opposition enjoys a majority in the Senate. Ruling party lawmakers asked the tribunal in mid-September to declare Article 3(6) of the Act on the Commissioner for Human Rights unconstitutional. The article reads, “The previous Commissioner fulfils their obligations until taking up the position by the new Commissioner.”

The tribunal found the article inconsistent with the constitution. According to Gazeta Wyborcza, a Polish newspaper, the justification of the court’s decision reads, “The Act on the Commissioner for Human Rights is inconsistent with the Constitution, which defines the Commissioner’s term of office as five years. A term of office is a strictly defined period of time that cannot be exceeded. The Commissioner’s term of office cannot be longer.”

Bodnar had on Monday succeeded in obtaining the suspension of a state-controlled oil company’s takeover of media group Polska Press. He expressed fears that the government may appoint a commissioner with a view to taking control of the independent office. Bartłomiej Wróblewski was on Thursday elected by the Sejm, the lower chamber of Poland’s parliament, as the new commissioner. The decision needs approval from the Senate. In 2019, Wróblewski submitted a motion to the tribunal for reviewing the law that allowed abortion due to fetal defects, which led to the tribunal barring abortion due to such reason in 2020.

In 2015, soon after the Law and Justice Party (PiS) came to power, it passed a law imposing limitations on the tribunal. Concerns over judicial independence in the country continue to be raised. The Disciplinary Chamber of the Supreme Court of Poland in November deprived a district court judge of his immunity from prosecution. The judge was known to be critical of PiS’s controversial judicial reforms. Earlier this month, the European Commission referred Poland to the European Court of Justice over a recently-adopted law that allegedly undermines the independence of judges.

Following Thursday’s ruling, Council of Europe Commissioner for Human Rights Dunja Mijatović tweeted:

Today’s Constitutional Court ruling creates a worrying gap in the functioning of the Ombudsman institution in-btw terms and the protection of #humanrights in #Poland. A successor must urgently be selected fully respecting the Polish Constitution and law & international standards.

— Commissioner for Human Rights (@CommissionerHR) April 15, 2021
The judgment will take effect on July 15. The tribunal asked lawmakers to amend the law in the intervening time.

The post Poland top court rules human rights ombudsman may not remain in post until successor elected appeared first on JURIST - News - Legal News & Commentary.

Continue reading...

Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.
 
Status
Not open for further replies.
Top