This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/world/2016/feb/29/polands-changes-to-court-system-risking-democracy

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Poland's changes to court system 'risking democracy' Poland's changes to court system 'endanger democracy'
(about 1 hour later)
Changes to Poland’s supreme court endanger the rule of law, democracy and human rights, according to a draft opinion from Europe’s leading constitutional experts.Changes to Poland’s supreme court endanger the rule of law, democracy and human rights, according to a draft opinion from Europe’s leading constitutional experts.
The draft from the Venice Commission, legal experts who advise the Council of Europe, called on the Polish government to strike out provisions of a controversial law reforming the country’s highest court. The draft from the Venice Commission, legal experts who advise the Council of Europe, called on the Polish government to strike out provisions of a law reforming the country’s highest court.
Poland’s staunchly conservative Law and Justice party plunged the country into a political crisis last year when it attempted to install five judges of its own choosing on the 15-member constitutional tribunal shortly after coming to power. This heavily criticised move was followed by a hastily passed law in December overhauling court procedures, which makes it harder to pass rulings. Last year Poland’s staunchly conservative Law and Justice party attempted to install five judges of its own choosing on the 15-member constitutional tribunal shortly after coming to power. This was followed by a hastily passed law in December overhauling court procedures, making it harder to pass rulings.
In a draft report that was leaked to Polish media, the Venice Commission warned the tribunal’s effectiveness could be crippled, thereby damaging human rights as access to justice was denied. “As long as the situation of constitutional crisis related to the constitutional tribunal remains unsettled and as long as the constitutional tribunal cannot carry out its work in an efficient manner, not only is the rule of law in danger, but so is democracy and human rights,” the expert body concluded. In a draft report that was leaked to Polish media, the Venice Commission said the tribunal’s effectiveness could be crippled, thereby damaging human rights as access to justice was denied.
Changes to the court remove “a crucial mechanism which ensures that potential conflicts with European and international norms and standards can be resolved at the national level”, it said. “As long as the situation of constitutional crisis related to the constitutional tribunal remains unsettled and as long as the constitutional tribunal cannot carry out its work in an efficient manner, not only is the rule of law in danger, but so is democracy and human rights,” the expert body concluded.
Although the Council of Europe cannot penalise countries or force them to change laws, the stinging rebuke is certain to carry weight. “Member states as a rule don’t ignore [CoE] recommendations,” a CoE spokesman said, while declining to comment on the leak. Changes to the court removed “a crucial mechanism which ensures that potential conflicts with European and international norms and standards can be resolved at the national level”, it said.
Although the Council of Europe cannot penalise countries or force them to change laws, the stinging rebuke is certain to carry weight. “Member states as a rule don’t ignore [Council of Europe] recommendations,” a Council of Europe spokesman said, while declining to comment on the leak.
The report will also influence the European commission, which has launched an inquiry into the rule of law in Poland, the first time EU authorities have investigated the democratic standards of a member state.The report will also influence the European commission, which has launched an inquiry into the rule of law in Poland, the first time EU authorities have investigated the democratic standards of a member state.
The Council of Europe, which is not part of the EU, will publish the expert group’s final opinion shortly after 11-12 March, following a meeting with Polish government representatives in Venice.The Council of Europe, which is not part of the EU, will publish the expert group’s final opinion shortly after 11-12 March, following a meeting with Polish government representatives in Venice.
The CoE is conducting a separate inquiry into Poland’s media law, after the Polish government rushed through legislation empowering it to appoint the heads of state TV and radio. The Polish government has yet to respond to a letter from the CoE secretary-general, sent in early January, expressing concern about the law’s effect on “the integrity and independence” of the media. “We hope to pursue a dialogue on that with the Polish authorities,” the CoE spokesman said. It is conducting a separate inquiry into Poland’s media law, after the Polish government rushed through legislation empowering it to appoint the heads of state TV and radio.
Poland has reacted angrily to suggestions it is falling short of democratic standards. This month Warsaw hit back at three US senators who warned that changes to Poland’s constitutional court and media regulation could harm democratic norms, including freedom of speech and an independent judiciary. The Polish government has yet to respond to a letter from the Council of Europe secretary-general, sent in early January, expressing concern about the law’s effect on “the integrity and independence” of the media. “We hope to pursue a dialogue on that with the Polish authorities,” the spokesman said.
The Polish prime minister, Beata Szydło, said the senators, who included former Republican presidential contender, John McCain, had no right to be lecturing and “imposing actions concerning my fatherland”. Poland has reacted angrily to suggestions it is falling short of democratic standards. This month Warsaw hit back at three US senators who said changes to Poland’s constitutional court and media regulation could harm democratic norms, including freedom of speech and an independent judiciary.
Poland’s prime minister, Beata Szydło, said the senators – who included the former Republican presidential contender John McCain – had no right to be lecturing and “imposing actions concerning my fatherland”.